X) 


L  B 


SCHOOL-  L-MWS 


OF 


7VIISSOURI 


1SO3 


COURSES  OF  STUDY 


RECOMMENDED  FOR 


RURAL  AND  VILLAGE  SCHOOLS 


GIFT  OF 


SCHOOL    LAWS 


OF  THE 


STATE    OF    MISSOURI. 

•  / 

Revised  Statutes,  1899,  and  Session  Acts  19O1  and  19O3. 


WITH  COURT  DECISIONS,  FORMS  AND  COMMENTS  FOR  THE 
USE  OF  SCHOOL  OFFICERS— LIST  OF  TEXT-BOOKS 
ADOPTED-COURSE   OF    STUDY     FOR    RU- 
RAL AND  VILLAGE  SCHOOLS. 


PUBLISHED  ACCORDING  TO  LAW  BY  THE 

STATE  SUPERINTENDENT    OF    PUBLIC    SCHOOLS 

SECTION  9856. 


The  Presidents  and  Secretaries  of  School  Boards    Should  Have  Copies  and  Turn  Them 
Over  to  Their  Successors.     Every  Teacher  is  Also  Entitled  to  One  Copy. 


JEFFERSON  CITY,   MO.: 

TRIBUNE     PRINTING    COMPANY,    STATE    PRINTERS    AND    BINDERS. 


* 


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C  :  »•;  %>:  •  }  •:  j 

"•«*•»     O  «'    O    ».«          q    V  vV«  O   °   » 


REVISED 

SCHOOL  LAW    OF    MISSOURI. 

1899. 


CHAPTER   154. 

SCHOOLS. 

Article  I— Public  Schools. 

II— City,  town  and  village  schools. 
VI— County  boards  and  teachers'   certificates. 
•      VII— Text-books. 

ARTICLE  I. 

PUBLIC  SCHOOLS. 


SECTION 

9737.    School     districts,     their     corporate 
powers. 

9740.  To  organize  unorganized  territory. 

9741.  School   district   forfeits   its   organi- 

zation  when  and  how. 

9742.  Formation  of  new  districts. 

9743.  Preceding  section  to  apply  to  what 

districts. 

9744.  Division  of  property  . 

9745.  Valuation  of  property  to  be  divided. 

9746.  Assessment  of  the  building  fund. 

9747.  Division  of  districts  lying  in  two  or 

more  counties. 

9748.  First  meeting  in  newly  created  dis- 

tricts. 

9749.  Annual  meeting. 

9750.  Powers  of  annual  meeting. 
.9751.    Length  of  school  required. 

<^  9752.    School  loan— method  of  voting,  etc. 
9752a.  Money  derived   from  sale  of  bond 
used  to  purchase  site. 

9753.  Restrictions  on  loan. 

9754.  Renewal  funding  bonds,  issue  of. 

9755.  Exchange    and    sale    of    bonds— no 

commission  allowed. 

9756.  Redeemed    bonds    to    be   destroyed. 

9757.  Tax  levy  for  sinking  fund. 

9758.  Tax  levy  for  annual  interest. 

9759.  Directors,  how  elected  and  term  of 

office. 

9760.  Oath  of  directors. 

9761.  Organization  of  board  of  directors. 

9762.  Vacancy  in  directory,  how  filled. 

9763.  Care  of  property  and   purchase   of 

material. 

New  sections.     Library  board— selection  of 
books— purchase  of  books. 

9764.  Rules   and  regulations   and   admis- 

sion of  non-resident  pupils. 

9765.  Contagious  diseases. 

9766.  Employment   of  teachers. 


9767.  Contract  construed. 

9768.  Visitation  of  schools. 


SECTION 

9769.    Removal  of  district  clerk. 
.,9770.    Enumeration  lists. 
^9771.     Estimate. 

9772.  Condemnation  of  site. 

9773.  High  schools  may  be  established. 
New  Section.    Consolidation  of  school  dis- 
tricts. 

9774.  Separate  schools  for  white  and  col- 

ored children. 

9775.  Schools  for  colored  children— estab- 

lishment of. 

9776.  Colored    children,    right    to    attend 

other  schools  in  the  county. 
•  9777.    Increase  of  tax  levy  for  ma.intain- 
ing  schools. 

9778.  Id.    For  erecting  school-house. 

9779.  Notice    of   election   for   increase    of 

tax. 

9780.  Special  meetings. 

9781.  School  day,  week,  month  and  year. 

9782.  Arbor  day  set  apart. 

9783.  Penalty    for    injuring   school    prop- 

erty or  failure  to  perform  official 
duty. 

9784.  Duties  of  district  clerk. 

0785.    County    commissioner     to     furnish 
blanks. 

9786.  District    clerk    to    procure    record 

book  and  teacher's  register. 

9787.  Notice  of  special  meetings. 

9788.  Payment    of    district    indebtedness. 

9789.  Form  of  warrant. 

9790.  School  moneys,  how  applied. 

9791.  Permitting    school    boards    to    loan 

sinking  funds. 

9792.  County    court    may    invest    sinking 

fund,  how. 

9793.  County  treasurer  to  report. 

9794.  Record  and  report  of  district  plat. 

9795.  Statement  of  treasurer. 

9796.  Teacher's  certificate  before  employ- 

ment. 


381685 


SECTION 

9797.    Teachers  and  directors  liable   to  a 
misdemeanor,  when. 

9799.  Instruction   in  physiology  and   hy- 

giene,   when. 

9800.  Register   of  attendance. 

9801.  Monthly  and  term  reports. 

9802.  Attendance    at    teachers'     associa- 

tions. 

9803.  County      commissioner— eligibility- 

time  of  election  and  duration  of 
office. 

9804.  Determining     election     of— commis- 

sioner. 

9808.  Report  to   be   made. 

9809.  Compensation  for  office   duties. 

9810.  County    supervision,    how    adopted. 
9810a.  County  supervision,  how  abolished. 

9811.  Oath,  bond  and  office  of  the  super- 

intendent. 

9812.  Official    duties   of   county   superin- 

tendent. 

9813.  Compensation  of  the  county  super- 

intendent. 

Duties  of  state  board  of  education. 
Duty  of  board  in  relation  to  swamp 

lands. 
Duty    as    to    state    school    fund    of 

counties. 
Power    to    employ    attorneys — fees 

for  services  of  same. 
Board  to  make  report  of  proceed- 
ings to  general  assembly. 
Public     school     fund— from     what 

sources  derived  and  how  invested. 
Account  kept,  by  whom. 
Duties  of  state  auditor. 
Investment  of  money  belonging  to 

capital  of  fund. 
Duties    of   state    treasurer. 

9824.  County  school  funds. 

9825.  School   funds   not   to   be   loaned   to 

certain   persons — penalty. 
County   court   to    have   jurisdiction 

of  county  school  fund. 
9827.    Collection  of  fines  and  penalties  and 

other  school  moneys. 
Township    school    fund— from    what 

source  derived. 


9814. 
9815. 

9816. 
9817. 
9818. 
9819. 

9820. 
9821. 
9822. 

9823. 


9826. 


9828. 


SECTION 

9829.  Custodians   of   fund. 

9830.  Transfer     of    funds     when     county 

lines  are  changed. 

9831.  How  invested. 

9832.  Security  in  cases  of  loan. 

9833.  Form  of  mortgage— notice  of  sale- 

fees,   how  paid. 

9834.  Additional  securities. 

9835.  County   court   may   make   order   of 

sale,  when. 

9836.  Principal  and  interest  of  loan,  paid 

where. 

9837.  Authority  to  repossess  property  by 

purchase. 

9838.  Loan     of     surplus     district     school 

money. 

9839.  How  loaned. 

40.    Apportionment     of     public     school 
fund— basis  and  time  of. 

9841.  State    superintendent    may    correct 

error  in  apportionment— distribu- 
tion of  funds. 

9842.  Apportionment     of    county     school 

money. 

9843.  Distribution    of   funds   when    town- 

ship lies  in  two   counties. 

9844.  Duties  of  county  clerk— assessment 

of  estimates. 

9845.  Compensation   of   county   clerk   for 

labor  on  tax-book. 

9846.  Report   of    county    clerk     to     state- 

superintendent. 

9847.  Collector's    receipt    and    compensa- 

tion. 

9848.  Collection   of  delinquent  taxes. 

9849.  Treasurers  and  their  duties. 

9850.  Settlements  of  treasurers. 

9851.  Penalty  for  failure  to  make  settle- 

ment. 

9852.  Title  of  property. 

9853.  Blanks   for  reports. 

9854.  State    sunerintendent— election    and 

term  of  office. 

9855.  Bond  and  qualification. 

9856.  Power  and  duties. 

9857.  Shall   employ  chief  clerk— salary. 

9858.  Annual  report  of  superintendent. 
9S59.    Restrictions  and  penalties. 


SEC.  9739.  School  districts — their  corporate  powers. — All  sub- 
districts,  as  organized  and  bounded,  shall  hereafter  be  known  as  school 
districts  and  thus  denominated  and  numbered  by  the  county  court  for 
the  general  purposes  of  education ;  and  every  such  district,  as  well  as 
those  hereafter  organized  under  the  provisions  of  this  chapter,  shall  be 
a  body  corporate,  and  possess  the  usual  powers  of  a  corporation  for 
public  purposes,  under  the  name  and  style  of  "District  No.  -  — ,  town- 
ship   ,  range  -  — ,  of  -  -  county ;"  and  in  that  name  shall  be 

capable  of  suing  and  being  sued ;  of  holding  such  real  and  personal 
property  as  may  at  any  time  be  either  donated  to  or  purchased  in  ac- 
cordance with  the  provisions  of  this  chapter,  or  of  which  they  may  be 
rightfully  possessed  at  the  time  of  the  passage  of  this  law,  and  also  the 
power  of  selling  the  same  as  hereinafter  provided.  (R.  S.  1899.) 

School  districts  are  quasi  corporations.  52  Mo.  309;  54  Mo.  458.  Section  construed. 
89  Mo.  158.  An  unincorporated  town  is  not  legally  organized  as  a  school  district.  46 
Mo.  376.  Territory  outside  of  corporate  limits  may  be  attached,  how.  53  Mo.  127;  60 
Mo.  540;  65  Mo.  587.  School-house  cannot  be  used  for  the  purpose  of  keeping  a  Sunday 
school.  67  Mo.  301.  School  districts  not  subject  to  garnishment.  42  A.  460. 

When  a  new  district  is  formed  in  the  manner  provided  by  law,  the  matter  should 
be  reported  to  the  county  clerk,  and  by  him  to  the  county  court,  whose  duty  it  is  by 


order  made  of  record  to  denominate  and  number  the  same.  This  section  contemplates 
that  the  school  districts  shall  be  designated  by  the  true  township  and  range.  89  Mo. 
158. 

SEC.  9740.  To  organize  unorganized  territory. — Whenever  there 
shall  be  in  this  state  any  territory  not  organized  into  a  school  district, 
and  containing  within  its  limits  twenty  or  more  pupils  of  school  age, 
three  or  more  tax-payers  of  such  territory  may  call  a  meeting  of  the 
qualified  voters  of  such  unorganized  territory,  or  such  part  thereof  as 
they  desire  to  organize  into  a  school  district,  by  first  giving  fifteen  days' 
notice  of  the  time,  place,  purpose  of  the  meeting  and  boundary  lines 
of  the  territory  proposed  to  be  organized.  The  qualified  voters,  when 
assembled,  may  organize  such  territory  into  a  school  district,  a  majority 
of  the  qualified  voters  residing  in  such  territory  proposed  to  be  organized 
into  a  school  district  voting  therefor,  who  shall  approve  of  a  plat  defining 
the  boundaries  thereof,  and  elect  three  directors,  who  shall  serve  until 
the  next  annual  meeting,  when  one  director  shall  be  elected  to  serve  for  one 
year,  one  director  for  two  years  and  one  director  for  three  years — said 
directors  to  serve  until  their  successors  are  duly  elected  and  qualified: 
Provided,  that  any  territory  not  organized  into  a  school  district,  and  con- 
taining less  than  twenty  pupils  of  school  age,  may  be  attached  to  an 
adjoining  district  upon  petition  by  the  qualified  voters  of  such  unorgan- 
ized territory,  or  such  part  thereof  as  may  wish  to  be  attached  to  such  ad- 
joining district,  directed  to  the  board  of  directors  of  such  adjoining  dis- 
trict ;  and  it  shall  be  the  duty  of  such  board,  on  receipt  of  the  petition,  to 
meet  forthwith  and  consider  same,  and  if  a  majority  of  the  board  are  in 
favor  thereof,  such  territory  shall  become  a  part  of  such  district.  (R. 
S.,  1899.) 

Money  apportioned  prior  to  division  of  district  does  not  follow  new  district.  90 
Mo.  395.  Posting  of  notices,  condition  precedent  to  the  validity  of  such  division.  54 
A.  31 ;  94  Mo.  612. 

The  notice  required  by  this  section  should  be  as  explicit  in  its  essential  features 
as  that  required  under  the  provisions  of  section  9742,  which  is  commented  on  in  full. 

This  section  confers  the  right  to  call  the  first  meeting  for  forming  unorganized 
territory  into  a  school  district  upon  three  tax-pa yp.rs  of  the  territory  to  be  organized. 
These  qualifications  are  jurisdictional.  Proper  notice  should  be  given  by  persons 
qualified.  89  Mo.  158. 

SEC.  9741.  School  district  forfeits  its  organization,  when  and 
how. — Whenever  any  school  district  in  this  state,  now  organized  or 
that  may  be  hereafter  organized  under  the  laws  of  this  state,  shall  fail 
or  refuse  for  the  period  of  one  year,  to  provide  for  a  six  months'  school 
in  such  year,  provided  a  levy  of  forty  cents  on  the  one  hundred  dollars 
valuation,  together  with  the  public  funds,  will  enable  them  to  have  so 
long  a  term,  the  same  shall  be  deemed  to  have  lapsed  as  a  corporate 
body,  and  the  territory  theretofore  embraced  within  such  lapsed  district 
shall  be  deemed  and  taken  as  unorganized  territory,  and  the  same,  or  any 


portion  thereof,  may  be  attached  to  any  adjoining  district  or  districts  for  - 
school  purposes,  in  the  same  manner  as  is  now  provided  in  section  9740 
of  the  Revised  Statutes  of  Missouri :  Provided,  that  no  school  district 
shall  be  deemed  to  have  lapsed  where  the  failure  to  make  the  needed  pro- 
vision for  the  six  months  of  school  results  from  irregular  or  void  pro- 
ceedings had  for  that  purpose.  (R.  S.,  1899.) 

The  purpose  of  this  section  is  to  secure  at  least  a  six  months'  term  of  school. 
If  a  district  maintains  a  shorter  term  than  this,  it  must  show  that  it  used  a  forty 
cent  levy,  tog-ether  with  the  public  funds. 

SEC.  9742.  Formation  of  new  districts. — When  it  is  deemed  nec- 
essary to  form  a  new  district,  to  be  composed  of  two  or  more  entire 
districts,  or  parts  of  two  or  more  districts,  or  to  divide  one  district 
to  form  two  new  districts  from  the  territory  therein,  or  to  change  the 
boundary  lines  of  two  or  more  districts,  it  shall  be  the  duty  of  the  dis- 
trict clerk  of  each  district  affected  upon  the  reception  of  a  petition  desir- 
ing such  change,  and  signed  by  ten  qualified  voters  residing  in  any  dis- 
trict affected  thereby,  to  post  a  notice  of  such  desired  change  in  at  least 
five  public  places  in  each  district  interested  fifteen  days  prior  to  the  time 
of  the  annual  meeting ;  and  the  voters  when  assembled  shall  decide  such 
question  by  a  majority  vote  of  those  who  vote  upon  such  proposition. 
If  the  assent  to  such  change  be  given  by  all  the  annual  meetings  of  the 
various  districts  thus  voting,  or  of  the  part  of  the  district  to  be  divided, 
each  part  voting  separately,  the  district  or  districts  shall  be  deemed  formed 
or  the  boundary  lines  thus  changed  from  that  date ;  but  if  all  the  districts, 
or  parts  of  districts  affected  do  not  vote  in  favor  of  such  change,  the 
matter  may  be  referred  to  the  county  commissioner;  and  upon  such  ap- 
peal being  filed  with  himj  in  writing,  within  five  days  after  the  annual 
meeting,  he  shall  appoint  four  disinterested  men,  resident  tax-payers  of 
the  county,  who,  together  with  himself,  shall  constitute  a  board  of  arbi- 
tration, whose  duty  it  shall  be  to  consider  the  necessity  for  such  proposed 
change  and  render  a  decision  thereon,  which  decision  shall  be  final.  When 
there  is  an  equal  division  the  county  commissioner  shall' give  the  casting 
vote.  The  commissioner  shall  at  the  time  of  the  appointment  of  these 
members  of  this  board  of  arbitration  notify  them  to  meet  him  at  some 
convenient  place  in  the  county  within  fifteen  days  after  annual  school 
meeting  where  the  deliberations  of  the  board  shall  take  place  and  its 
decision  be  rendered.  But  in  making  such  change,  the  decision  in  all 
cases  shall  conform  to  the  propositions  contained  in  the  notices  and 
voted  upon  at  the  annual  meeting;  and  the  county  commissioner  shall, 
on  or  before  the  last  day  of  April,  transmit  the  decision  to  the  clerks  of 
the  various  districts  interested,  or  to  the  clerk  of  the  district  divided,  and 
said  clerk  or  clerks  shall  enter  the  same  upon  the  records  of  his  or  their 


respective  district  or  districts ;  and  the  said  board  of  arbitration  shall  be 
allowed  a  fee  of  fifteen  dollars,  to  be  paid  by  the  district  or  districts  tak- 
ing the  appeal  at  the  time  said  appeal  is  made :  Provided,  however,  that 
no  new  district  shall  be  created  or  boundary  line  changed  by  which  any 
district  shall  be  formed  containing  within  its  limits  by  actual  count  less 
than  twenty  pupils  of  school  age,  or  by  which  any  district  shall  be  left 
containing  within  its  limits  by  actual  count  less  than  twenty  pupils  of 
school  age:  Provided,  however,  the  resident  voters  upon  any  island  in 
any  of  the  navigable  rivers  of  this  state  may  organize  into  a  school  dis- 
trict without  being  subject  to  the  restrictions  in  the  preceding  portion 
of  this  section.  It  is  further  provided,  that  in  changing  the  boundary 
line  between  the  two  established  districts,  one  district  shall  not  encroach 
upon  the  other  simply  for  the  acquisition  of  territory.  (R.  S.  1899.) 

Directors  must  decide  whether  petitioners  are  qualified  voters.  84  Mo.  90. 
Commissioners  cannot  change  boundary  otherwise  than  as  proposed  in  the  election. 
85  Mo.  156;  94  Mo.  612;  70  A.  238.  No  petition  required  to  change  boundary,  when.  89 
Mo.  23.  Statute  construed.  48  A.  560.  New  school  districts  may  be  formed,  how. 
75  A.  317. 

When  it  is  desired  to  form  a  new  district  by  division  or  consolidation,  or  to 
change  the  boundary  lines  of  two  or  more  districts,  the  first  step  is  the  preparation 
of  a  petition  clearly  setting  forth  the  change  desired,  which  petition  must  be  signed 
by  at  least  ten  qualified  voters  "residing  in  any  district  affected  thereby."  It  is  not 
necessary  that  the  voters  all  reside  in  the  same  district— part  may  reside  in  each 
district,  but  every  signer  must  reside  in  some  one  of  the  districts  affected  by  the 
proposed  change.  As  many  petitions  should  be  prepared  (all  alike)  as  there  are  dis- 
tricts affected,  and  one  petition  be  presented  to  the  clerk  of  each  district  affected. 
The  law  makes  it  the  duty  of  the  clerk,  without  any  action  of  the  board  of  directors, 
upon  receipt  of  the  petition  to  post  a  notice  in  at  least  five  public  places  in  the  dis- 
trict of  which  he  is  clerk,  fifteen  days  prior  to  the  time  of  the  annual  meeting.  A' 
failure  to  do  this  subjects  the  clerk  to  a  fine  not  exceeding  one  hundred  dollars. 

The  statutory  notice  prescribed  by  this  section  is  mandatory  and  jurisdictional, 
and  a  division  of  school  districts  made  at  an  annual  meeting  not  within  the  scope 
of  an  antecedent  notice  given  for  the  time,  and  at  the  places  and  in  the  manner  fixed 
by  law,  is  void.  The  notices  must  necessarily  be  as  comprehensive  as  the  proposition 
to  be  voted  on,  and  must  inform  the  voter  what  change  it  is  proposed  to  make  in 
the  boundaries  of  his  district.  Unless  the  notice  is  such  as  to  give  this  information, 
it  is  no  notice  at  all.  It  is  not  sufficient  that  the  voters  be  notified  that  at  the  annual 
meeting  they  will  be  called  upon  to  vote  upon  the  question  whether  or  not  a  new  dis- 
trict shall  be  formed,  and  a  change  made  in  the  boundary  lines  of  the  old  districts; 
they  must  be  notified  of  the  change  proposed,  of  what  territory  the  new  district  is 
to  be  composed,  of  what  change  is  to  be  made  in  the  boundaries  of  the  old  ones. 
The  notice  is  sufficient  if  signed  by  the  district  clerk.  54  A.  31. 

There  are  four  different  propositions:  (a)  To  form  a  new  district  composed  of 
two  or  more  entire  districts;  (b)  To  form  a  new  district  composed  of  parts  of  two  or 
more  districts;  (c)  To  change  boundary  lines;  (d)  To  divide  one  district  to  form  two 
new  districts.  In  the  first  three  cases  the  districts  vote  as  wholes.  In  the  last  case 
each  part  votes  on  the  proposition  separately.  If  the  proposition  carries  in  all  the 
districts  and  parts  affected,  the  division  takes  place  at  once.  If  the  proposition  is 
defeated  in  all  the  districts  and  parts  affected,  the  division  is  defeated,  and  there 
can  be  no  appeal.  If  the  proposition  is  carried  in  one  or  more  of  the  districts  or  parts 
affected,  and  is  defeated  in  the  others,  the  matter  may  be  appealed  to  the  county 
commissioner.  The  appeal  may  be  taken  by  a  board  of  directors  acting  officially,  or 
it  may  be  taken  by  one  or  more  of  the  interested  parties,  i.  e.,  the  petitioners.  The 
commissioner  alone  can  not  consider  an  appeal.  He  must  appoint  a  board  of  arbitra- 


,s 

tion,  consisting  of  four  tax-payers  who  live  in  the  county,  but  not  in  any  one  of  the 
districts  affected  by  the  proposed  change.  This  board  of  arbitration  must  meet  at 
time  and  place  fixed  by  the  county  commissioner  within  fifteen  days  after  the  annual 
meeting  (Wednesday  of  second  week  after  annual  meeting  is  last  day  for  such  hear- 
ing). The  commissioner  is  en'  offlcio  chairman  of  this  board,  but  has  no  vote  except,  in 
case  of  a  tie  in  the  vote  of  the  other  four  members.  This  board  is  allowed  a  fee  of 
fifteen  dollars  (three  dollars  each)  for  every  case  appealed,  which  fee  must  be  paid 
by  the  district  or  persons  taking  the  appeal. 

One  board  may  be  appointed  to  consider  all  appealed  cases  in  the  county  in  any 
one  year,  and  this  board  could  be  called  to  meet  at  county  seat  on  second  Monday 
after  annual  meeting,  thus  giving  themselves  three  days  to  consider  all  such  cases. 
The  appeal  must  be  filed,  in  writing,  with  the  county  commissioner  within  five  days 
after  the  annual  meeting.  The  first  Monday  after  the  annual  meeting  is  the  last  day 
upon  which  the  appeal  can  be  filed.  If  filed  after  that  day,  the  action  of  the  com- 
missioner thereon  would  be  null  and  void. 

In  case  a  district  having  a  bonded  indebtedness  is  divided,  the  district  retain- 
ing the  old  number  and  school  property  is  liable  for  the  whole  amount  of  the  indebt- 
edness. 

The  proposition  voted  on  must  specify  the  boundaries  of  the  districts  as  sought 
to  be  changed  or  established.  The  notices  must  also  specify  the  changes  proposed  In 
the  school  district  boundaries,  and  are  sufficient  if  signed  by  the  district  clerk.  The 
county  commissioner  cannot  go  beyond  the  proposition  voted  on  and  establish  boun- 
daries different  from  those  specified  in  the  proposition.  94  Mo.  612;  89  Mo.  23;  85  Mo. 
156.  When  a  person  by  his  laches  cannot  complain  that  a  school  district  was  never 
legally  organized.  90  Mo.  683.  When  the  county  commissioner  has  acted,  whether 
with  or  without  jurisdiction,  mandamus  cannot  be  invoked  for  the  purpose  of  revers- 
ing his  decision.  84  Mo.  90.  Quo  warranto  will  lie  on  behalf  of  the  state  to  determine 
the  right  of  individuals  to  exercise  the  office  of  school  directors.  84  Mo.  198.  Suffi- 
ciency of  notice.  54  A.  31. 

Board  of  arbitration  has  no  jurisdiction  to  hear  an  appeal  as  to  formation  of  a 
new  district  unless  the  question  of  the  proposed  change  in  the  district  has  first  been 
voted  on  at  the  annual  meetings  of  all  the  districts  involved  and  some  have  been 
in  favor  of  the  change  and  others  against  it.  84  A.  654.  See  also  90  A.  215. 

The  action  of  the  board  of  arbitration  in  determining  the  formation  of  a  new 
school  district  is  judicial  and  may  be  restrained  by  prohibition.  84  A.  654.  64  A.  313. 

Notice  of  election  to  change  boundary  lines  must  be  as  comprehensive  as  the 
petition  for  change.  It  must  inform  the  voters  what  change  is  proposed  in  the 
boundaries  of  the  district  affected.  90  A.  215. 

FORM   OP   PETITION    FOR   CHANGE    OF   BOUNDARY. 
To  the  district  clerk: 

We,  the  undersigned,   qualified  voters  (ten  or  more)  of  district  No.  — ,  township 

No.  — ,  range  No.  — ,   county  of  ,   State  of  Missouri,   desire  the  following  changes 

in  district  boundary  lines:  

and  hereby  petition  you  "to  post  a  notice  of  such  desired  change  in  at  least  five 
public  places  in  each  district  interested,  fifteen  days  prior  to  the  time  of  the  annual 
meeting." 

(Signed  by  ten  or  more  qualified  voters  residing  in  any  territory  affected  by  the 
proposed  change.) 

SEC.  9743.     Preceding  section  to  apply  to  what  districts. — The 

provisions  of  section  9742  of  this  article  shall  apply  to  all  school  districts 
of  this  state  organized  under  special  charter,  or  tinder  and  hy  virtue  of 
any  special  law  of  the  state  of  Missouri  organizing  or  incorporating  such 
school  district,  excepting  such  school  districts  formed  from  territory  com- 
posed of  land  granted  to  any  city,  town  or  village  by  virtue  of  any  act 
of  congress  confirming  to  said  city,  town  or  village  said  grants  of  land, 


9 

and  excepting  school  districts  formed  of  or  contained  in  cities  and  towns 
containing1  one  hundred  thousand  inhabitants  or  over.      (R.  S.  1899.) 

SEC.  9744.  Division  of  property. — When  a  new  district  is  formed, 
which  shall  include  within  its  limits  those  who  have  heretofore  aided 
in  the  erection  of  a  school-house  in  the  district  from  whence  they  were 
detached,  and  they  propose  to  surrender  to  the  old  district  all  claim 
thereon  for  their  share  of  the  said  property,  this  fact  shall  be  distinctly 
stated  in  the  notices  posted  in  said  district,  as  required  by  section  9742 ; 
and  the  parties,  upon  the  event  of  the  formation  of  the  new  district,  shall 
be  considered  to  have  surrendered  all  right  and  title  to  the  property  of 
the  old  district ;  but  if  such  fact  is  not  thus  expressed  in  said  notice,  the 
property  belonging  to  the  district  shall  be  valued  as  hereinafter  provided ; 
and  there  shall  be  levied  upon  and  collected  from  the  taxable  property 
included  in  the  original  district  prior  to  such  new  formation,  a  sum  bear- 
ing the  same  proportion  to  the  entire  value  of  the  school  property  as 
the  assessed  valuation  of  the  taxable  property  included  within  that  por- 
tion of  the  territory  detached  bears  to  the  total  valuation  of  the  prop- 
erty located  in  the  old  original  district.  (R.  S.  1899.) 

This  section  has  no  application  to  a  case  where  the  boundary  lines  between  old 
districts  are  changed.  94  Mo.  612.  When  a  new  district  is  formed,  tax  to  erect  a 
school-house  must  be  levied  upon  the  whole  of  the  organized  district.  80  Mo.  190.  New 
district  cannot  maintain  action  for  money  in  the  hands  of  county  treasurer.  18  A. 
266.  When  it  is  proposed  to  surrender  to  the  old  school  district  all  claim  of  the  in- 
habitants of  the  new  district  to  their  share  of  the  school  property  in  the  old  dis- 
trict, such  facts  should  be  distinctly  stated  in  the  notices.  74  A.  553. 

The  law  does  not  contemplate  that  a  fund  shall  be  raised  in  excess  of  the 
amount  required  to  sustain  the  school  for  the  current  school  year,  therefore  no  pro- 
vision is  made  for  a  division  of  funds  remaining  on  hand  when  a  district  is  divided. 

SEC.  9745.  Valuation  of  property  to  be  divided. — The  valuation 
of  the  said  property  shall  be  made  by  disinterested  freeholders,  non- 
residents, to  be  selected  as  follows :  One  shall  be  appointed  by  each  of 
the  boards  of  directors  of  the  interested  districts,  and  those  thus  ap- 
pointed shall  elect  another ;  they  shall  proceed  to  determine  the  valuation, 
and  certify  to  the  district  clerks  of  the  interested  districts  the  amount 
determined  upon.  It  shall  be  the  duty  of  the  district  clerk  of  the  old  dis- 
trict, upon  the  receipt  of  said  valuation,  to  cause  the  amount  thus  cer- 
tified to  be  levied  upon  the  property  contained  within  the  former  limits 
of  the  district,  which  shall  be  collected  as  other  estimates ;  and  the  same, 
when  collected,  shall  be  paid  to  the  county  treasurer,  and  by  him  be 
placed  to  the  credit  of  the  building  fund  of  the  new  district.  (R.  S. 
1899.) 

A  vote  of  the  qualified  voters  upon  proposition  to  withdraw  from  that  part  of 
the  district  lying  outside  of  their  own  county  was  ineffectual  to  divide  such  district 
when  no  vote  was  taken  to  unite  an  adjoining,  or  form  .a  separate,  district.  78 
Mo.  SO. 

It  will  be  observed  that  this  section  makes  it  the  duty  of  the  board  of  directors 
of  each  district  affected,  to  appoint  an  appraiser  of  the  school  property  belonging  to 


10 

the  original  district.  In  the  event  of  their  refusal  to  make  the  appointment,  they 
may  be  proceeded  against  by  way  of  mandamus.  "A  freeholder  is  one  who  owns  an 
estate  in  land  or  other  real  property  held  by  a  free  tenure  for  life,  or  for  some  uncer- 
tain period;"  and  the  persons  selected  to  determine  the  value  of  the  property  in  the 
old  district  must  be  owners  of  such  an  estate.  No  one  of  these  can  reside  in  any 
district  affected  by  detachment  of  territory,  nor  in  the  new  district  just  formed. 

SEC.  9746.  Assessment  of  building  fund. — The  amount  levied  by 
the  new  district  for  building  purposes,  where  either  or  all  of  the  parts 
of  which  it  is  composed  have  received  their  proportion  of  the  property 
of  the  old  district,  shall  be  divided  proportionately;  and  those  amounts, 
less  the  amounts  thus  received,  shall  be  assessed  and  collected  from  the 
property  included  in  the  limits  of  the  respective  portions.  (R.  S.  1899.) 

The  raising  of  a  building  fund,  in  case  of  a  formation  of  the  new  district,  has  no 
application  where  the  boundary  lines  are  changed.  94  Mo.  612. 

SEC.  9747.     Division  of  districts  lying  in  two  or  more  counties. — 

Whenever  any  school  district  or  districts  organized  under  this  article 
shall  be  divided  by  county  lines  and  a  majority  of  the  qualified  voters  re- 
siding in  either  fractional  part  thereof  may  desire  to  attach  themselves 
to  an  adjoining  district  within  their  own  county,  or  form  a  separate  dis- 
trict, they  shall  hold  an  election  for  that  purpose,  first  giving  fifteen 
days'  notice  by  posting  up  printed  or  written  hand-bills  in  five  of  the 
most  public  places  in  such  fractional  district,  stating  the  time,  place  and 
object  of  the  election ;  and  if  a  majority  of  the  votes  cast  at  such  election 
be  in  favor  of  uniting  themselves  to  an  adjoining  district  in  their  own 
county,  or  forming  a  separate  district,  they  shall  notify  the  district  clerks 
of  the  districts  interested  of  the  result  of  the  election ;  and  if  it  is  desired 
by  such  fractional  district  and  a  portion  of  the  adjoining  district  to  form  a 
new  district,  it  shall  be  the  duty  of  such  adjoining  district  school  boa:  1 
to  so  change  their  boundary  lines  as  may  be  agreeable  to  the  inhabitants 
interested  therein,  and  notify  the  county  clerk  and  county  commissioner 
of  the  change  so  made,  but  if  such  division  cannot  be  so  made  by  the  dis- 
trict board,  or  if  they  refuse  or  neglect  to  act  when  notified  of  such  desire, 
they  may  appeal  to  the  county  commissioner,  who  shall  proceed  to  ascer- 
tain the  facts  in  the  case,  and  locate  the  boundaries  of  such  new  district 
as  appears  to  be  just  and  proper,  and  to  the  best  interest  of  the  inhabit- 
ants interested  therein — such  new  district  to  be  governed  as  hereinbefore 
provided  in  forming  new  districts:  Provided,  that  if  a  school-house  has 
been  located  and  built  by  a  district  thus  divided  by  a  county  line,  and  that 
portion  of  the  district  desires  to  withdraw  in  which  the  school-house  has 
been  located  and  built,  they  shall  first  pay  to  the  portion  of  the  district 
situated  in  the  adjoining  county  their  pro  rata  share  of  the  value  of  such 
school-house:  Provided,  that  hereafter  no  new  school  district  shall  be 
formed  divided  by  a  county  line,  except  where  the  portion  of  a  district 
sought  to  be  joined  across  the  county  line  is  cut  off  from  the  district  or 


II 

districts  in  the  same  county  by  a  running  stream,  which  cannot  easily 
be  crossed  by  children  attending  said  school.     (Session  Acts  1903.) 

School  district  lying  in  two  or  more  counties,  how  divided.     78  Mo.  80. 

While  this  section  authorizes  a  majority  of  the  legal  voters  in  a  fractional  part 
of  a  district  divided  by  a  county  line  to  at  any  time  withdraw  from  the  district  and 
either  form  a  new  district  or  become  attached  to  a  district  in  their  own  county, 
there  are  good  reasons  why  such  division  should  take  place  only  at  the  annual  meet- 
ing, or  within  thirty  days  thereafter.  The  estimate,  enumeration  list,  and  list  of 
tax-payers  are  furnished  the  county  clerk  in  May,  and  all  changes  of  boundary  line 
should  take  place  before  this  is  done.  This  does  not  apply  to  districts  organized 
under  article  II  relating  to  city,  town  and  village  schools. 

Note  that  no  new  district  can  be  legally  formed  that  will  be  divided  by  a  county 
line  except  where  the  portion  sought  to  be  joined  across  the  county  line  is  cut  off 
from  the  district  in  the  same  county  by  a  running  stream  which  can  not  easily  be 
crossed  by  children  attending  the  school.  This  provision  also  applies  to  changes  of 
boundary  line.  There  can  be  no  appeal  to  the  county  commissioner  upon  the  question 
of  joining  territory  to  districts  across  a  county  line. 

SEC.  9748.  First  meeting  of  newly  created  districts. — It  shall  be 
the  duty  of  the  voters  resident  in  the  territory  embraced  within  the  limits 
of  the  newly  created  district  to  assemble  at  some  central  point  within  said 
district  within  fifteen  days  after  the  formation  thereof — such  point  to  be 
designated  by  notice  posted  in  at  least  five  public  places  in  said  district, 
and  signed  by  two  of  the  resident  freeholders  therein ;  and  such  meeting, 
when  assembled,  shall  be  invested  with  the  same  powers,  and  be  con- 
ducted as  prescribed  for  the  first  annual  district  meeting  held  under  the 
provisions  of  this  chapter :  Provided,  that  the  children  in  such  newly 
created  district  shall  have  the  right  to  attend  school  in  their  original  dis- 
tricts until  the  thirtieth  day  of  June  following.  (R.  S.  1899.) 

Notice  for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  according 
to  the  provision  of  this  section.  54  A.  31. 

Upon  complying  with  section  9742,  the  new  district  or  districts  "shall  be  deemed 
formed."  It  will  therefore  be  observed  that  failure  to  do  the  things  provided  in  this 
section  after  the  formation  of  the  district  would  not  work  a  forfeiture  of  its  organiza- 
tion. While  the  provisions  of  this  section  must  be  complied  with,  yet  the  fifteen  days' 
time  given  therefor  is  merely  declaratory. 

It  is  not  a  condition  to  the  validity  of  the  division  of  a  school  district  that  notice 
for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  in  accordance  with 
the  provisions  of  section  9748  of  the  Revised  Statutes.  The  corporate  existence  uf 
the  new  districts  dates  from  the  meeting  whereat  they  were  substituted  for  the  old 
district.  54  A.  31. 

SEC.  9749.  Annual  meeting. — The  annual  meeting  of  each  school 
district  shall  be  held  on  the  first  Tuesday  in  April  of  each  year,  at  the 
district  school-house,  commencing  at  2  o'clock  p.  m.  If  no  school-house 
is  located  within  the  district,  the  place  of  meeting  shall  be  designated  by 
notices,  posted  in  five  public  places  within  the  district,  fifteen  days  previ- 
ous to  such  annual  meeting,  or  by  notice  for  same  length  of  time  in  all 
the  papers  published  in  the  district.  (R.  S.  1899.) 

Chairman  of  meeting  not  subject  to  criminal  law  for  rejecting  vote  of  applicant 
for  suffrage.  19  A.  210. 

The  law  fixes  the  time  of  the  annual  meeting  on  the  first  Tuesday  in  April  in 
each  year  at  2  o'clock  p.  m.  All  residents  of  the  district  are  expected  to  take  notice 


T2 

of  this  fact.  Those  who  are  present  at  the  hour  named,  and  authorized  to  participate 
in  the  deliberations  may  organize  the  meeting  and  proceed  with  the  order  of  business 
specified  in  section  3750.  Each  item  of  the  order  of  business  may  be  taken  up  and 
disposed  of,  and  those  who  arrive  later  have  no  ri^ht  to  complain  that  they  were 
deprived  .of  their  right  to  take  part  in  the  business  disposed  of  before  their  arrival. 

SEC.  9750.  Powers  of  the  annual  meeting. — The  qualified  voters 
assembled  at  the  annual  meeting,  when  not  otherwise  provided,  shall 
have  power  by  a  majority  of  the  votes  cast : 

First — To  organize  by  the  election  of  a  chairman,  and  a  secretary 
who  shall  keep  an  accurate  record  of  the  proceedings  of  the  meeting, 
which,  when  duly  approved  and  attested  by  the  signature  of  the  chair- 
man, the  clerk  'shall  enter  upon  the  record  of  the  district. 

Second — To  choose,  by  ballot,  one  director,  who  shall  hold  his  office 
for  the  term  of  three  years,  and  until  his  successor  is  elected  and  quali- 
fied. 

Third — To  fill  vacancies,  if  any,  caused  by  death,  resignation,  re- 
fusal to  serve,  repeated  neglect  of  duty,  or  removal  from  the  district ; 
and  the  persons  thus  elected  shall  hold  their  office  for  the  unexpired 
term,  and  until  their  successors  are  elected  and  qualified. 

Fourth— To  determine,  by  ballot,  the  length  of  school  term  in  ex- 
cess of  six  months  that  the  public  schools  of  the  district  shall  be  main- 
tained for  the  next  scholastic  year ;  also  to  determine  the  rate,  if  any,  in 
excess  of  forty  cents  on  the  one  hundred  dollars  assessed  valuation  to 
be  levied  for  school  purposes,  as  provided  for  in  section  9777. 

Fifth — To  vote  such  a  sum  as  they  may  deem  proper  for  the  pur- 
chase of  books  for  a  district  library. 

Si.rth — To  decide  in  favor  of  or  against  any  proposed  change  of 
boundaries,  notice  of  such  change  having  been  posted  in  at  least  five 
public  places  in  each  and  every  district  affected  thereby,  fifteen  days 
previous  to  the  date  of  holding  the  annual  meeting. 

Seventh — To  direct  the  sale  of  any  property  belonging  to  the  dis- 
trict, but  no  longer  required  for  the  use  thereof,  to  determine  the  dis- 
position of  the  same  and  the  application  of  the  proceeds. 

Eighth — To  designate  their  choice,  by  ballot,  for  a  person  to  fill 
the  office  of  county  commissioner. 

Ninth — To  determine,  by  ballot,  the  rate  to  be  levied  upon  the  one 
hundred  dollars  assessed  valuation  necessary  to  purchase  a  site,  erect 
a  school-house  thereon  and  furnish  the  same  as  provided  for  in  sec- 
tion 9778. 

Tenth — To  determine,  in  districts  newly  formed,  or  wherein  na 
school-house  site  has  yet  been  selected,  the  location  thereof,  notice  hav- 
ing been  given  fifteen  days  previous  by  posting  hand-bills  in  at  least  five 
public  places  in  said  district,  that  this  matter  would  be  submitted  to  said 
meeting. 


13 

Eleventh — To  change  the  location  of  school-house  site  when  the 
same  for  any  cause  is  deemed  necessary :  Provided,  that  in  every  case 
a  majority  vote  of  the  voters  who  are  resident  tax-payers  of  said  dis- 
trict shall  be  necessary  to  remove  a  site  nearer  the  center  of  said  district ; 
but  in  all  cases  to  remove  a  site  further  from  the  center  of  said  district, 
it  shall  require  two-thirds  of  the  legal  voters  who  are  resident  tax-payers 
of  such  school  district.  (R.  S.  1899.) 

The  powers  of  the  board  of  directors  defined.  48  A.  408;  30  A.  641.  The  powers 
conferred  on  the  voters  have  relation  to  the  then  existing  school  year.  27  A.  36. 

Our  supreme  court  has  held  that  school  districts  are  quasi  corporations,  thr- 
powers  and  duties  of  the  corporators  being  limited  and  prescribed  by  statute.  The 
corporators  are  the  legal  voters  of  the  district,  the  directors  being  chosen  by  them. 
Certain  powers  and  duties  devolve  by  law  exclusively  upon  the  directors,  and  the 
incorporators  cannot  .abridge  or  interfere  with  these  powers  and  duties.  In  some  dis- 
tricts the  voters  attempt  to  select  the  teacher  by  a  vote.  The  right  to  select  teachers 
belongs  exclusively  to  the  board,  and  a  vote  taken  upon  this  proposition  must  be  con- 
sidered by  the  board  as  a  recommendation  only.  It  will  be  observed  that  unless  other- 
wise provided  by  law,  a  proposition  submitted  to  the  annual  meeting  is  determined  by 
a  majority  of  the  votes  cast.  The  chairman  should  not  recognize  a  motion  to  adjourn 
until  all  the  business  for  which  the  meeting  was  convened  has  been  transacted.  The 
law  provides  that  the  meeting  shall  convene  at  2  o'clock  p.  m.  Promptly  at  that 
time  the  legal  voters  may  proceed  to  organize  the  meeting  and  take  up  the  order  of 
business  specified  in  section  9750.  When  the  business  is  completed,  the  meeting  may 
adjourn,  and  voters  who  neglect  to  be  present  have  no  right  to  complain. 

First— The  meeting  is  organized  by  the  election  of  a  chairman  and  secretary 
These  are  temporary  officers  and  must  not  be  confounded  with  the  president  and 
clerk  of  the  board  of  directors.  The  chairman  presides  during  the  meeting,  putting 
all  motions  and  announcing  the  result.  The  chairman  is  entitled  to  vote  upon  all  prop- 
ositions submitted.  In  case  of  a  tie  vote  the  proposition  or  motion  voted  upon  must 
be  declared  not  carried.  The  secretary  keeps  a  correct  record  of  the  proceedings  of 
the  meeting,  which  "when  duly  approved  and  attested  by  the  chairman,"  must  be 
turned  over  to  the  district  clerk  to  be  entered  upon  the  district  record. 

Second— Notice  that  the  director  is  to  be  choson  by  ballot  for  three  years,  and 
that  he  is  to  hold  his  office  "until  his  successor  is  elected  and  qualified."  By  refer- 
ence to  section  9759  we  find,  speaking  rf  directors,  "and  shall  hold  their  office  for  the 
term  of  three  years,  and  until  theii  *  iccessors  are  elected  or  appointed  and  qualified." 
Yet,  in  sectk  97G2,  the  remaining  two  directors  are  authorized  to  appoint  when  a 
vacancy  occurs  in  one  of  the  five  following  ways:  first,  by  death;  second,  resignation; 
third,  refusal  to  serve;  fourth,  repeated  neglect  of  duty;  fifth,  removal  from  the  dis- 
trict. Upon  failure  to  elect  a  director  at  the  annual  meeting,  the  remaining  two 
members  cannot  appoint,  but  the  old  director  holds  over  to  the  next  annual  meeting, 
unless  the  outgoing  member  was  appointed.  No  director  (in  an  annual  mass  meet- 
ing), in  a  district  with  three  directors,  can  be  elected  unless  he  receives  a  "majority 
of  the  votes  cast."  If,  upon  the  announcement  by  the  chairman  of  the  first  ballot, 
no  one  has  "a  majority  of  the  votes  cast,"  successive  ballots  should  be  taken  till 
some  one  does  receive  such  majority.  When  an  annual  meeting  has  adjourned  after 
all  business  has  been  attended  to,  another  meeting  or  getting  together  can  not  be 
had  that  day  or  at  any  other  day  except  it  be  called  in  accordance  with  section  9780. 
The  election  of  a  director  is  restricted  to  the  annual  meeting  by  section  9759. 

Third.  Filling  of  vacancies. —It  should  be  noted  that  persons  elected  at  the  annual 
meeting  to  fill  vacancies  "hold  their  office  for  the  unexpired  term,  and  until  their 
successors  are  elected  and  qualified,"  while  persons  appointed  by  the  board  under 
section  9762  to  fill  vacancies,  "serve  until  the  next  annual  school  meeting." 

Fourth.  School  term  and  increase  of  levy  for  scJiool  purposes.— Observe  that  the  an- 
nual meeting,  and  not  the  board  of  directors,  is  authorized  to  determine  the  length 
of  school  term  in  excess  of  six  months.  The  board  of  directors  is  authorized  to  main- 
tain a  six  months'  school  without  vote  of  the  annual  meeting,  provided,  of  course, 


14 

there  are  sufficient  funds  therefor.  Item  4  gives  the  annual  meeting  power  to  deter- 
mine the  length  of  term  "in  excess  of  six  months."  The  proposition  voted  upon  should 
be  for  seven,  eight,  nine  or  ten  months'  school.  No  vote  is  necessary  to  maintain  a 
six  months'  school.  The  school  term  vcted  is  for  the  next  year,  beginning  July  1st, 
and  ending  June  30th  following.  It  should  be  noted  that  the  singular  "term,"  and 
not  the  plural  "terms,"  is  employed.  It  is  evidently  the  spirit  of  this  provision  that 
the  entire  length  of  school  term  voted  should  be  taught  in  one  continuous  term  by 
the  same  teacher. 

The  board  of  directors  Is  authorized,  without  vote  of  the  annual  meeting,  to 
levy  forty  cents  on  the  hundred  dollars  assessed  valuation  for  school  purposes;  that 
is,  for  teachers'  fund  and  incidental  fund.  The  annual  meeting,  however,  is  author- 
ized "to  determine  the  rate,  if  any,  in  excess  of  forty  cents  on  the  hundred  dollars 
assessed  valuation  to  be  levied  for  school  purposes."  The  proposition  voted  on  should 
be,  for  instance,  to  levy  forty-five  cents,  fifty  cents,  or  any  amount  not  exceeding 
sixty-five  cents  on  the  one  hundred  dollars  valuation  for  school  purposes.  Both  the 
Missouri  constitution  and  the  statutes  limit  the  amount  to  be  levied  for  school  pur- 
poses, in  districts  not  formed  of  cities  and  towns,  to  sixty-five  .cents  on  the  hundred 
dollars  valuation.  In  districts  formed  of  cities  and  towns,  a  hundred  cents  on  the 
hundred  dollars  valuation  may  be  levied  for  school  purposes.  Only  tax-payers  can 
vote  on  the  proposition  to  increase  the  levy  for  school  purposes.  By  reference  to 
section  9777  it  will  be  seen  that  a  vote  upon  this  proposition  is  not  confined  to  the  an- 
nual meeting,  but  can  be  had  at  any  time  upon  petition  of  five  resident  tax-payers,  or 
when  the  board  of  directors  deem  it  necessary. 

Fifth.  To  vote  sum  for  library.—  No  limit  is  placed  upon  the  sum  that  may  be  voted 
by  the  annual  meeting  for  a  district  library.  Every  district  can  well  afford  to  levy 
five  cents  on  the  one  hundred  dollars  every  year  for  this  purpose.  Judiciously  ex- 
pended, it  will  be  the  best  investment  made.  For  list  of  recommended  books,  see 
course  of  study. 

Seventh.  To  direct  the  sale  of  school  property.— The  annual  meeting  is  here  author- 
ized to  direct  the  sale  of  school  property  and  not  to  sell  it;  that  is,  to  authorize  the 
board  of  directors  to  sell  the  property— on  such  conditions  and  under  such  limitations, 
of  course,  as  the  annual  meeting  may  see  fit  to  impose.  It  should  be  observed  also 
that  this  property  is  to  be  "no  longer  required  for  the  use  of  the  district."  It  is  to 
be  supposed,  of  course,  that  at  the  same  annual  meeting  at  which  the  sale  of  this 
property  is  directed,  bonds  will  be  voted  for  the  erection  of  school-house  and  fur- 
nishing the  same.  The  board  of  directors  should  receive  definite  instruction  not  10 
dispose  of  the  old  school-house  till  a  contract  is  entered  into  for  the  building  of  a 
new  school-house  before  the  opening  of  school.  The  money  derived  from  the  sale  of 
the  school  property  should  be  credited  to  the  building  fund  of  the  district. 

Tenth.  Location  of  school-house  site.— This  applies  to  any  school  district  seeking  a 
school-house  site:  First,  to  a  regularly  organized  district  without  a  school-house 
site;  second,  to  districts  just  organized  from  unorganized  territory  (section  9740); 
third,  to  new  districts  formed  at  the  annual  meeting  (section  9742).  The  annual  meet- 
ing must  vote  upon  a  definite  site,  and  not  instruct  the  board  of  directors  to  select 
a  site.  The  proposition  is  carried  by  a  majority  of  the  votes  cast.  This  proposition 
may  be  voted  on  either  at  an  annual  meeting  or  a  special  meeting  called  in  accord- 
ance with  section  9780. 

Eleventh.  To  change  location  of  school-house  site.—  In  the  discussion  of  this  section 
we  have  found  one  proposition  (increase  of  levy  for  school  purposes)  that  must  be 
decided  by  tax-payers  as  distinguished  from  qualified  voters.  The  change  of  location 
of  school-house  site  is  a  second  proposition  that  is  determined  by  the  tax-payers  of 
the  district. 

The  Supreme  Court  in  the  114  Mo.  at  page  649  in  speaking  upon  this  statute  said: 
"A  majority  vote  of  the  voters  who  "are  resident  tax-payers  of  said  district  means  a 
majority  of  the  tax-payers  present  and  voting  at  such  election."  See  also  37  Mo.  270. 

In  the  event  that  the  proposition  submitted  be  to  change  the  site  to  a  point  fur- 
ther from  the  center  of  the  district,  a  two-thirds  vote  of  the  resident  tax-payers  who 
are  legal  voters  present  and  voting  is  sufficient  to  carry  the  proposition.  The  law 
does  not  require  that  two-thirds  of  the  residents  of  the  district  who  are  legal  voters 
and  tax-payers  must  vote  affirmatively  upon  the  proposition  to  carry  it, 


15 

All  propositions  submitted  at  the  annual  meeting,  except  these  two  (increase  of 
levy  for  school  purposes  and  change  of  school-house  site)  can  be  decided  by  the 
qualified  voters;  these  two,  by  tax-payers  only.  For  definition  of  qualified  voter,  see 
section  9759. 

A  tax-payer  is  one  who  holds  in  the  district,  in  his  own  name,  real  or  personal 
property  liable  to  assessment  and  taxation. 

Of  the  eleven  items  of  section  9750,  the  fourth,  sixth,  ninth  and  tenth  require 
notices.  In  the  fourth,  it  is  the  latter  part— increase  of  levy— that  requires  notice. 

The  annual  meeting  cannot  authorize  a  spring  term  of  school  to  be  begun  or 
held  before  the  30th  of  June  next  succeeding;  or,  in  other  words,  It  cannot  extend 
the  term  of  school  voted  by  the  last  annual  meeting.  If  it  is  considered  desirable  to 
extend  the  school  term  beyond  that  voted  by  the  last  annual  meeting,  the  proposi- 
tion must  be  submitted  at  a  special  meeting  called  as  provided  in  section  9780  for  that 
purpose. 

The  directors  have  no  power  of  their  own  will  to  select  the  school-house  site.  57 
Mo.  430.  The  chairman  of  a  meeting  of  qualified  voters  of  a  school  district  for  the 
election  of  a  school  director  is  not  subject  to  the  criminal  law  for  rejecting  a  vote  of 
an  applicant  for  suffrage.  19  A.  210.  No  power  exists  in  a  board  of  public  school  direc- 
tors, without  authority  from  the  voters  of  the  district,  to  rent  buildings  or  rooms 
separate  from  the  district  school-house,  and  to  employ  teachers  for  a  supplemental 
school  therein.  30  A.  641.  Board  has  no  authority  to  borrow  money  to  purchase  school- 
house  site.  114  Mo.  641.  Record  of  annual  meeting.  54  A.  31. 


FORM  FOR  NOTICE  OF  ANNUAL  SCHOOL  MEETING. 
Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  — ,  township  No.  — , 

range  No.  — ,  county  of ,   State  of  Missouri,  that  the  annual  school  meeting  of 

said  district  will  be  held  at ,  on  Tuesday,  the day  of  April,  190—,  commenc- 
ing at  2  o'clock  p.  m.,  and  among  other  things  specified  by  the  law,  the  following  will 
be  proposed  and  considered: 


District  Clerk. 


SEC.  9751.  Length  of  school  required. — The  board  shall  have 
power  and  are  required  to  continue  the  public  schools  of  their  district  for 
a  period  of  six  months  in  each  scholastic  year :  Provided,  a  tax  of  forty 
cents  on  the  one  hundred  dollars  assessed  valuation  of  the  taxable  prop- 
erty within  the  district,  together  with  the  moneys  received  from  the 
public  funds,  shall  be  sufficient  therefor ;  and  the  board  are  hereby  author- 
ized and  empowered  to  make  out  and  forward  the  proper  estimate  there- 
for without  a  vote  being  had  thereon.  Should  any  board  neglect  or  re- 
fuse to  comply  with  the  provisions  of  this  section,  such  school  district 
shall  be  deprived  of  any  part  of  the  public  school  moneys  for  the  en- 
suing school  year,  and  the  county  clerk  shall  omit  such  district  in  the 
apportionment  of  the  public  moneys.  (R.  S.  1899.) 

The  year  here  spoken  of  is  the  school  year  beginning  July  1st,  and  ending  June 
30th. 

SEC.    9752.     School    loan — method    of   voting — sale   of   bonds.— 

For  the  purpose  of  erecting  school-houses  and  furnishing  the  same  in 
cities,  towns  and  school  districts,  the  board  of  directors  shall  be  author- 
ized to  borrow  money,  and  issue  bonds  for  the  payment  thereof,  in  the 
manner  herein  provided,  The  question  of  loan  sh^H  t?e  decided  at  an  an- 


nual  school  meeting  or  at  a  special  election  to  be  held  for  that  purpose. 
Notice  of  said  election  shall  be  given  at  least  fifteen  days  before  the  same 
shall  be  held,  by  at  least  five  written  or  printed  notices  posted  in  five 
public  places  in  the  school  district  where  said  election  shall  be  held,  and 
the  amount  of  the  loan  required,  and  for  what  purpose.  It  shall  be  the 
duty  of  the  clerk  to  sign  and  post  said  notices.  The  qualified  voters  at 
said  election  shall  vote  by  ballot.  Those  voting  in  favor  of  the  loan  shall 
have  written  or  printed  on  their  tickets,  "For  the  loan ;"  those  voting 
against  the  loan,  the  words  "Against  the  loan ;"  and  if  two-thirds  of  the 
votes  cast  shall  be  "for  the  loan,"  the  district  board  shall  be  vested  with 
the  power  to  borrow  money  in  the  name  of  the  district,  to  the  amount 
and  for  the  purpose  specified  in  the  notices  aforesaid,  subject  to  the  restric- 
tions of  the  following  section.  When  bonds  are  voted  under  this  section 
for  the  erection  of  one  or  more  school-houses,  to  be  erected  on  the  same 
or  different  sites,  in  districts  whose  board  of  directors  consists  of  three 
members,  said  bonds  shall  not  be  negotiated  by  said  board  until  said  bonds 
have  been  deposited  with  the  county  or  township  treasurer  of  the  county 
or  township  in  which  said  district  shall  be  situated,  and  upon  the  order 
of  said  board,  and  the  payment  to  the  county  or  township  treasurer  of 
the  amount  agreed  to  be  received  for  the  same  by  said  board  from  the 
persons  loaning  said  money  upon  said  bonds.  The  county  or  township 
treasurer  shall  countersign  said  bonds,  and  deliver  the  same  to  the  per- 
son or  persons  named  by  said  board  of  directors;  but  no  such  bonds 
shall  be  sold  for  such  an  amount  that  the  net  proceeds,  after  deducting- 
expenses  and  commissions  from  the  same,  shall  be  less  than  ninety 
cents  on  the  dollar  of  the  face  value  thereof,  and  all  renewal  funding 
bonds  issued  by  such  districts,  to  be  exchanged  for  outstanding  bonds 
of  said  district,  or  for  the  purpose  of  being  sold  to  raise  sufficient  funds 
to  pay  any  outstanding  bonds  thereof,  shall  not  be  exchanged,  negotiated 
or  sold  by  the  board  of  directors  of  said  districts,  except  as  above  pro- 
vided, and  not  until  the  purchase  price  thereof,  or  the  bonds  to  be  ex- 
changed therefor,  shall  be  turned  over  to  the  county  or  township  treas- 
urer ;  and  said  treasurer  shall  write  or  print  the  words  "paid  by  renewal 
bonds"  across  the  face  of  said  bonds  so  received  in  exchange,  and  sign 
the  same  before  delivering  the  said  renewal  bonds  to  said  board.  The 
said  county  or  township  treasurer  and  his  sureties  shall  be  responsible, 
on  his  official  bond,  for  all  moneys,  bonds  or  securities  received  by  him 
under  this  section.  (R.  S.  1899.) 

No  petition  of  the  voters  of  the  district  is  necessary  to  authorize  the  school 
board  to  call  meeting  for  the  purpose  of  borrowing  money.  114  Mo.  641. 

There  are  two  methods  of  securing  a  building  fund:  (1)  by  a  sale  of  bonds  under 
section  9752;  (2)  by  levy  for  building  purposes,  under  section  9778.  Neither  requires  a 
petition  of  tax-payers  or  voters.  In  either  case,  the  board  of  directors  may  take  the 
initiative.  114  Mo.  641.  Under  section  9778,  the  board  shall  proceed  to  determine  the 


rate  of  taxation  necessary  for  building  purposes  when  "requested  by  petition  of  ten 
tax-payers  of  any  school  district."  Both  sections  apply  to  all  classes  of  school  dis- 
tricts—to city,  town  or  village,  and  to  common-school  districts  with  three  directors. 
Again,  both  the  loan  and  the  levy  for  building  purposes  may  be  voted  upon  at  either 
an  annual  or  special  meeting.  In  both  cases  notice  is  required.  In  both  cases,  to 
carry  the  proposition,  it  is  necessary  that  two-thirds  of  the  qualified  voters  voting 
at  the  election  vote  therefor. 

It  often  happens  that  the  question  of  loan  is  submitted  at  an  election  where 
several  other  questions  are  voted  upon,  and  the  number  of  votes  cast  upon  the  loan 
falls  considerably  short  of  the  number  who  vote  on  the  various  propositions  sub- 
mitted at  the  election.  For  instance,  only  thirty  persons  vote  on  the  question  of  loan, 
while  forty  may  vote  upon  some  other  proposition  submitted  at  the  election.  In  this 
case,  two-thirds  of  the  thirty  votes,  twenty  votes,  would  carry  the  bond  proposition, 
instead  of  two-thirds  of  the  forty  votes  cast  on  other  questions.  The  State  Auditor 
registers  bonds  which  receive  two-thirds  of  the  votes  cast  on  question  of  loan. 

Note  that  section  9752  requires  the  notices  to  state  "the  amount  of  the  loan  re- 
quired and  for  what  purposes."  School  boards  and  annual  meetings  sometimes  desire 
to  vote  upon  a  loan  smaller  than  that  stated  in  the  notices.  It  is  evident  that  this 
cannot  be  legally  done.  If  so,  why  require  the  amount  stated  in  the  notices?  Again, 
the  tickets  cast  have  on  them  "against  the  loan,"  or,  "for  the  loan."  Against  or  for 
what  loan,  if  not  the  one  stated  in  the  notices?  Again,  if  the  proposition  carries,  the 
board  shall  be  vested  with  the  power  to  borrow  money  "to  the  amount  and  for  the 
purpose  specified  in  the  notices  aforesaid."  To  what  amount,  if  not  the  one  stated  in 
the  notices? 

School  boards  should  be  careful  to  observe  the  provisions  of  section  5167,  R.  S. 
1899,  in  negotiation  of  bonds  for  the  purpose  of  building  school-houses,  or  for  any 
other  purpose,  in  order  that  the  same  may  obtain  validity.  This  section  requires  that 
the  bonds  shall  bear  the  endorsement  of  the  State  Auditor  who  is  entitled  to  receive 
from  the  board  all  the  necessary  certificates  and  copies  of  record  evidencing  a  full 
compliance  with  the  law  governing  their  issuance,  which  evidence  is  to  be  filed  and 
preserved  in  his  office.  Upon  request  the  State  Auditor  will  furnish  necessary  blanks, 
which  will  enable  the  board  to  carry  out  the  provisions,  of  this  section. 

The  State  Superintendent  can  not  furnish  blank  school  bonds.  They  may  be 
obtained  from  any  printing  or  stationery  house  dealing  in  official  blanks,  as  George 
D.  Barnard  &  Co.,  August  Gast  &  Co.,  and  Heinicke-Fiegel  Lithographing  Co..  all 
of  St.  Louis. 

SEC.  9752a.  Money  derived  from  sale  of  bonds  used  to  purchase 
dte. — The  purpose  for  which  an  election  may  be  called  to  borrow 
money  and  to  issue  bonds  therefor  under  section  9752  of  this  chapter 
may,  in  the  judgment  of  the  school  directors,  include  that  of  purchasing 
school-house  sites,  and  the  purpose  of  which  the  annual  rate  of  taxation 
may  be  increased  under  and  in  the  manner  provided  for  by  section  9778 
of  this  chapter  may,  in  the  judgment  of  said  school  directors,  include 
that  of  purchasing  school  building  sites  and  furnishing  said  buildings. 
(Session  Act?  1903.) 

SEC.  9753.  Restrictions  on  loans. — The  loan  authorized  by  the 
preceding  section  shall  not  be  contracted  for  a  longer  period  than  twenty 
years,  and  the  entire  amount  of  said  loan  shall  at  no  time  exceed,  includ- 
ing the  present  indebtedness  of  said  district,  in  the  aggregate,  five  per 
cent,  of  the  value  of  the  taxable  property  therein,  to  be  ascertained  by 


,        i8 

the  assessment  next  before  the  last  assessment  for  State  and  county  pur- 
poses, previous  to  the  incurring  of  said  indebtedness,  the  rate  of  interest 
to  be  agreed  upon  by  the  parties,  but  in  no  case  to  exceed  the  highest 
legal  rate  allowed  by  contract;  when  effected  it  shall  be  the  duty  of  the 
directors  to  provide  for  the  collection  of  an  annual  tax  sufficient  to  pay 
the  interest  on  said  indebtedness  as  it  falls  due,  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof,  within  the  time 
said  principal  shall  become  due.  (R.  S.  1899.) 

Irregularity  in  the  Issuing  of  bonds  cannot  affect  an  innocent  holder.     45  A.  6GO. 

This  section  imposes  two  restrictions:  First,  as  to  the  period  for  which  the  loan 
may  be  effected;  and  second,  as  to  the  amount.  The  limitation  on  the  amount  of  the 
loan— five  per  cent,  of  the  value  of  taxable  property— is  a  constitutional  limitation 
(article  X,  section  12,  of  Constitution  of  1875).  "The  highest  legal  rate  of  interest  al- 
lowed by  contract,"  spoken  of  in  this  section,  is  eight  per  cent. 

SEC.  9754.  Renewal  funding  bonds,  issue  of. — The  board  of  ed- 
ucation of  any  school  district,  organized  under  any  general  or  special 
law  of  this  State,  is  hereby  authorized  to  issue  funding  and  refunding 
bonds  for  the  district,  to  be  exchanged*  for  outstanding  bonds  of  the 
district,  or  sold  for  the  purpose  of  meeting  and  paying  any  matured  or 
maturing  bonded  indebtedness  thereof.  Each  bond  shall  be  of  the  denom- 
ination of  not  more  than  one  thousand  nor  less  than  one  hundred  dollars, 
and  shall  bear  interest  not  to  exceed  eight  per  cent,  per  annum,  and  such 
interest  shall  be  payable  semi-annually,  and  to  this  end  each  bond  shall 
have  semi-annual  coupons  attached  thereto,  and  be  made  payable  to 
bearer :  Provided,  that  no  bonds  issued  under  this  "section  shall  be  pay- 
able in  less  than  five  years  nor  more  than  thirty  years  from  the  date  there- 
of, and  shall  be  payable,  principal  and  interest,  in  the  city  of  St.  Louis  or 
the  city  of  New  York,  at  the  option  of  the  board  of  education,  or  as  may 
be  agreed  upon  by  such  board  of  education  and  the  purchaser  of  such 
bonds.  Such  board  of  education  shall  be  empowered  to  prepare  and 
issue  from  time  to  time  such  number  of  renewal  bonds  as  may  be  neces- 
sary for  the  objects  and  purposes  of  this  law,  and  each  bond  shall  be 
signed  by  the  president,  countersigned  by  the  secretary  or  clerk,  and  au- 
thenticated by  the  seal  of  such  board  of  education,  if  there  be  one ;  and 
shall  also  be  attested  by  the  clerk  of  the  county  court  of  the  county  in 
which  such  district  is  located,  and  he  shall  put  the  seal  of  said  court  on 
each  of  said  bonds.  The  secretary  or  clerk  of  the  board  of  education 
shall  keep  a  record  in  the  books  of  the  school  district  of  all  the  renewal 
bonds  that  may  be  issued  by  the  board  of  education  under  the  provisions 
of  this  chapter,  noting  the  date  when  issued  and  when  due,  and  also  the 
number  and  amount  of  each  bond  so  issued,  and  shall  keep  a  full  record 
of  all  transactions  that  may  be  necessary  for  the  identification  of  such 
bonds.  (R.  S.  1899.) 

School  board  has  authority  to  issue  bonds  to  raise  money  to  build  school-lion.-.-; 
also,  to  issue  renewal  refunding  bonds.    86  Mo.  401. 


i9 

SEC.  9/55.    Exchange  and  sale  of  bonds,  no  commission  allowed. — 

Boards  of  education  are  empowered  to  exchange  the  aforesaid  bonds  for 
any  bonds  that  may  now  be  outstanding  against  any  school  district  so 
indebted;  but  no  re-renewal  bonds  shall  be  exchanged  for  any  outstanding 
bond  for  a  sum  less  than  ninety  cents  on  the  dollar  of  its  face  value.  Said 
boards  of  education  shall  also  be  empowered  to  sell  such  renewal  bonds 
for  cash  if,  in  their  judgment,  it  will  be  to  the  interest  of  such  school  dis- 
trict ;  but  no  commission  shall  be  allowed  or  cost  incurred  in  the  ex- 
change or  sale  of  said  bonds  which  will  reduce  the  net  proceeds  of  the 
same  to  a  less  amount  than  ninety  cents  on  the  dollar,  and  all  sums  of 
money  realized  from  the  sale  of  said  renewal  bonds  shall  be  used  in  the 
redemption  of  outstanding  bonds  of  the  school  district.  (R.  S.  1899.) 

SEC.  9756.  Redeemed  bonds  to  be  destroyed. — Whenever  any 
bonds  shall  be  redeemed,  as  provided  for  in  this  chapter,  such  bonds 
shall  be  burned  in  the  presence  of  a  majority  of  the  members  of  the 
board  of  education  and  two  other  credible  persons  as  witnesses  of  the 
fact,  and  the  secretary  or  clerk  of  the  board  of  education  shall  record  in 
the  books  of  the  school  district  a  description  of  the  bonds  so  destroyed, 
by  noting  the  date  when  issued  and  when  due,  and  the  number  and 
amount  of  each  of  said  bonds,  and  specify  what  members  of  the  board  of 
education,  and  who  as  witnesses,  were  present  at  the  burning  of  said 

bonds.     (R.  S.  1899.)  ' 

Bonds  due  in  twenty  years,  but  redeemable  after  five  years,  are  negotiable.  75 
A.  159.  I  111 

SEC.  9757.  Tax  levy  for  sinking  fund. — Boards  of  education  are 
hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax,  not  to  exceed 
two-fifths  of  one  per  cent,  upon  all' the  taxable  property  of  the  school  dis- 
trict at  its  assessed  valuation,  said  tax  to  be  levied  and  collected  in  the 
same  manner  as  other  taxes  for  school  purposes ;  and  the  money  arising 
from  said  tax  shall  constitute  a  sinking  fund,  and  shall  be  used  only  for 
the  redemption  of  any  outstanding  bonds  of  such  district:  Provided, 
that  if  such  outstanding  bonds  cannot  be  obtained,  then  such  money  shall 
be  invested  in  United  States  bonds  or  bonds  of  the  state  of  Missouri,  or 
if  at  any  time  the  board  of  education  deem  it  advisable,  they  may  loan 
such  money  at  the  same  rate  of  interest,  and  in  the  same  manner  and 
subject  to  the  same  restrictions  as  to  security,  as  the  township  school 
funds  are  loaned,  until  such  time  as  said  outstanding  bonds  can  be  ob- 
tained. (R.  S.  1899.) 

A  note  promising  In  the  future  to  pay  a  school  district  a  sum  of  money  for  the 
establishment  of  a  library  is  not  without  consideration.  138  Mo.  672. 

SEC.  9758.  Tax  levy  for  annual  interest. — Boards  of  education 
are  hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax  upon  all 
the  taxable  property  of  the  school  district  at  its  assessed  valuation,  said 
tax  to  be  levied  and  collected  as  other  taxes  for  school  purposes — said 


20 

tax  to  be  sufficient  in  amount  to  pay  the  annual  interest  on  all  bonds  of 
their  respective  districts,  and  to  pay  for  the  printing  or  engraving  of  any 
bonds  that  may  be  issued  by  virtue  of  this  chapter.  (R.  S.  1899.) 

Officers  of  corporation  in  possession  of  their  offices  are  presumed  to  be  regularly 
elected  and  entitled  to  hold  until  contrary  be  shown.  44  Mo.  154.  A  person  derives  his 
title  to  an  office  by  his  election.  44  Mo.  223.  Official  character  of  school  directors, 
how  proven.  27  Mo.  251. 

SEC.  9759.  Directors,  qualifications  of,  how  and  by  whom  elected. 
The  government  and  control  of  the  district  shall  be  vested  in  a  board  of 
directors  composed  of  three  members  who  shall  be  citizens  of  the  United 
States,  resident  tax-payers  and  qualified  voters  of  the  district,  and  who 
shall  have  paid  a 'state  and  county  tax  within  one  year  next  preceding 
his  or  their  election.  Said  directors  shall  be  chosen  by  the  qualified 
voters  of  the  district  at  the  time  and  in  the  manner  prescribed  in  section 
9749,  and  shall  hold  their  office  for  the  term  of  three  years,  and  until  their 
successors  are  elected  or  appointed  and  qualified,  except  those  elected  at 
the  first  annual  meeting  held  in  the  district  under  the  provisions  of  this 
chapter,  whose  term  of  office  shall  be  for  one,  two  and  three  years  re- 
spectively. A  qualified  voter  within  the  meaning  of  this  chapter  shall  be 
any  person  who,  under  the  general  laws  of  this  state,  would  be  allowed  a 
vote  in  the  county  for  state  and  county  officers,  and  who  shall  have  re- 
sided in  the  district  thirty  days  next  preceding  the  annual  or  special  meet- 
ing at  which  he  offers  to  vote.  (R.  S.  1899.) 

A  director  must  be  a  citizen  of  the  United  States,  either  naturalized  or  native 
born,  a  resident  tax-payer  and  qualified  voter  of  the  district,  and  shall  have  paid  a 
State  and  county  tax  within  one  year  next  preceding  his  election. 

The  following  portion  of  the  definition  of  a  qualified  voter  may  not  be  plain: 
"A  qualified  voter  within  the  meaning  of  this  chapter  shall  be  any  person  icho,  under 
Hie  general  laws  of  this  state,  would  be  allowed  to  vote,"  etc.  Who  are  "allowed  a  vote 
under  the  general  laws  of  this  State?"  Article  8,  section  2  of  the  Constitution,  settles 
this:  "Every  male  citizen  of  the  United  States,  and  every  male  person  of  foreign 
birth  who  may  have  declared  his  intention  to  become  a  citizen  of  the  United,  States 
according  to  law,  not  less  than  one  year  nor  more  than  five  years  before  he  offers  to 
vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the  following  qualifications, 
shall  be  entitled  to  vote  at  all  elections  by  the  people:  (1)  He  shall  have  resided  in 
the  State  one  year  immediately  preceding  the  election  at  which  he  offers  to  vote; 
(2)  he  shall  have  resided  in  the  county,  city  or  town  where  he  shall  offer  to  vote  at 
least  sixty  days  immediately  preceding  the  election."  . 

SEC.  9760.  Oath  of  directors. — The  directors  shall,  within  four 
days  after  their  election  or  appointment,  take  and  subscribe  an  oath  or 
affirmation  to  faithfully  and  impartially  discharge  the  duties  of  their  of- 
fice, which  oath  may  be  administered  by  each  other ;  and  the  district  clerk 
shall  enter  the  same,  with  the  date  thereof,  upon  the  records  of  the  dis- 
trict. And  the  oath  administered  shall  be  as  follows: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  state  of  Missouri,  and  that  I  will  faithfully  and 


21 

impartially  discharge  the  duties  of  school  director  in  and  for  district  No.  ,  township 

No.  ,  range  No.  ,  county  of ,  state  of  Missouri,  to  the  best  of  my  ability, 

according  to  law,  so  help  me  God. 


Sworn  to  and  subscribed  before  me  this  day  of  ,  19 — . 


(R.  S.  1899.) 

It  is  not  sufficient  in  administering  the  oath  of  office  to  a  newly  elected  director 
that  it  be  done  orally.  The  oath  should  be  written  or  printed  in  the  form  given  in 
this  section,  and  signed  by  the  person  or  persons  to  whom  the  same  is  being  admin- 
istered. It  should  also  bear  the  signature  of  the  person  administering  the  same,  under 
the  proper  date  thereof.  While  this  section  provides  that  the  oath  may  be  adminis- 
tered by  the  members  of  the  board,  this  does  not  preclude  the  idea  that  it  may  also 
be  taken  before  any  officer  authorized  to  administer  an  oath. 

r 

SEC.  9761.  Organization  of  board. — The  directors  shall  meet 
within  four  days  after  the  annual  meeting,  at  some  place  within  the  dis- 
trict, and  organize  by  electing  one  of  their  number  president;  and  the 
board  shall,  on  or  before  the  fifteenth  day  of  July,  select  a  clerk,  who  shall 
enter  upon  his  duties  on  the  fifteenth  day  of  July,  but  no  compensation 
shall  be  allowed  such  clerk  until  all  reports  required  by  law  and  by  the 
board  have  been  duly  made  and  filed.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business :  Provided,  each 
member  shall  have  due  notice  of  the  time,  place  and  purpose  of  such  meet- 
ing; and  in  case  of  the  absence  of  the  clerk,  one  of  the  directors  may  act 
temporarily  in  his  place.  The  clerk  shall  keep  a  correct  record  of  the  pro- 
ceedings of  all  the  meetings  of  the  board.  No  member  of  the  board  shall 
receive  any  compensation  for  performing  the  duties  of  a  director.  (R. 
S.  1899.)  " 

President  of  board  is  empowered  to  call  special  meetings  and  the  only  requisite 
is,  that  each  member  has  notice  of  time  and  place.  59  A.  580. 

By  organization  is  meant  election  of  officers.  The  directors  should  meet  within 
four  days  after  the  annual  meeting— that  is,  before  the  close  of  the  week  in  which 
the  election  is  held,  and  organize  by  the  election  of  a  president.  The  clerk  need  not  be 
elected  until  later,  as  he  does  not  enter  upon  the  duties  of  his  office  until  July  15th. 
The  president  must  be  a  member  of  the  board.  The  clerk  may  or  may  not  be  a  mem- 
ber of  the  board.  The  board  should,  after  organization,  fix  the  date  of  holding  regular 
meetings  of  the  board— that  is,,  on  the  last  Saturday  of  each  month,  or  some  other 
date  that  may  seem  most  convenient.  After  the  date  of  holding  regular  meetings  has 
been  fixed,  it  is  the  duty  of  each  member  of  the  board  to  attend  such  meetings  with- 
out notice.  Special  meetings  of  the  board  may  be  called  as  provided  in  section  9766. 

I  desire  to  call  especial  attention  to  one  provision  of  this  section— the  one  provid- 
ing that  no  compensation  shall  be  allowed  the  district  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  At  the  meeting  of  the  board 
at  which  the  clerk  is  elected  his  compensation  should  be  fixed  by  an  order  of  .the 
board.  The  law  clearly  contemplates  that  the  compensation  should  not  be  paid  until 
the  end  of  the  school  year  and  until  the  board  is  satisfied  that  all  reports  have  been 
made  and  filed.  The  report  usually  neglected  is  that  to  the  county  commissioners  re- 
quired by  section  9784.  A  reasonable  compensation  should  be  paid  the  district  clerk, 
and  he  should  be  selected  solely  with  reference  to  his  qualifications  for  the  position. 
In  many  of  the  country  districts  the  board  of  directors  meet  for  organization  on  the 
same  day  and  immediately  after  adjournment  of  the  annual  meeting. 


22 

SEC.  9762.  Vacancy  in  directory,  how  filled. — If  a  vacancy  occur 
in  the  office  of  director,  by  death,  resignation,  refusal  to  serve,  repeated 
neglect  of  duty  or  removal  from  the  district,  the  remaining  directors 
shall,  before  transacting  any  official  business,  appoint  some  suitable  per- 
son to  fill  such  vacancy;  but  should  they  be  unable  to  agree,  or  should 
there  be  more  than  one  vacancy  at  any  one  time,  the  county  commis- 
sioner shall,  upon  notice  of  such  vacancy  or  vacancies  being  filed  with 
him  in  writing,  immediately  fill  the  same  by  appointment,  and  notify  said 
person  or  persons  in  writng  of  such  .appointment ;  and  the  person  or  per- 
sons appointed  under  the  provisions  of  this  section  shall  comply  with 
the  requirements  of  section  9760,  and  shall  serve  until  the  next  annual 
school  meeting.  (R.  S.  1899.) 

This  section  applies  to  districts  organized  under  the  provisions  of  the  city,  town 
and  village  schools  act,  as  well  as  to  country  districts.  When  a  vacancy  occurs  from 
any  of  the  causes  prescribed  in  this  section,  it  must  be  filled  before  transacting  any 
official  business.  Any  member  may  be  cited  to  appear  before  the  board  of  directors 
and  show  cause  why  his  office  should  not  be  declared  vacant  on  account  of  repeated 
neglect  of  duty.  If  it  shall  be  held  by  a  majority  of  the  board  that  such  member  is 
guilty  of  repeated  neglect  of  duty,  or  if  such  member  fails  to  appear  in  obedience  to 
notice,  his  office  may  be  by  them  declared  vacant,  and  some  person  qualified  therefor 
may  then  be  appointed  by  them  to  fill  such  vacancy  until  the  next  annual  meeting. 

FORM  FOR  APPOINTMENT  OF  DIRECTOR  BY  SCHOOL  DIRECTORS. 

We,  the  undersigned,  directors  of  district  No.  — ,  township  No.  — ,  range  No.  — 

of county,  Missouri,  do  hereby  appoint  to  mi  the  vacancy  in  the  office 

of  director  of  said  district,  caused  by  the  (death,  resignation,  removal  or  refusal  to 
act,  naming  the  cause)  of . 


Directors. 

SEC.  9763.  Care  of  property  and  purchase  of  material. — The  board 
of  directors  shall  have  the  care  and  keeping  of  the  school-house  and 
other  property  belonging  to  the  district,  except  such  as  may  be  especially 
confided  to  the  district  clerk.  They  shall  provide  the  necessary  globes, 
maps  and  other  apparatus  for  the  school-room,  shall  keep  the  house  in 
good  condition  and  repair  during  the  period  a  school  shall  be  taught 
therein,  as  well  as  the  out-houses  belonging  thereto  and  the  grounds 
comprising  the  site  therefor,  provide  fuel  and  other  material  necessary 
for  the  use  of  the  school,  and  the  floors  shall  be  swept  and  fires  made  at 
the  expense  of  the  district,  and  shall  cause  an  accurate  account  of  the 
expense  thereof  to  be  kept,  and  submit  a  report  of  the  same  at  the  ensu- 
ing annual  meeting.  Nothing  in  this  section  shall  be  so  construed  as  to 
prevent  the  use  of  any  school-house  for  religious,  literary  or  other  public 
purposes,  or  for  the  meeting  of  any  farmer  or  labor  organization  or  so- 
ciety for  educational  purposes,  whether  the  same  be  secret  or  otherwise, 
when  such  use  shall  be  demanded  by  a  majority  of  the  voters  of  such 


23 

district  voting  at  any  annual  or  special  meeting  where  such  question  was 
submitted:  Provided,  however,  that  when  the  use  of  the  school-house 
is  allowed  for  the  above  named  purposes,  it  shall  be  the  duty  of  the  party 
or  parties  using  it  to  keep  it  clean  and  in  good  repair,  and  to  leave  it  in 
as  good  condition  as  it  was  when  they  took  charge  of  it :  Provided,  fur- 
ther, that  should  the  party  or  parties  so  using  the  same  school-house 
fail  to  comply  with  the  provisions  of  this  act,  the  directors  of  such  dis- 
trict may  refuse  them  further  use  of  it  until  said  provisions  are  complied 
with.  (R.  S.  1899.) 

Where  furniture  of  school  district  remains  in  school-house  and  the  key  in  posses- 
sion of  the  trustees,  they  are  in  possession  of  school-house.  27  Mo.  251.  Board  of 
directors  cannot  authorize  school-house  to  be  used  for  purpose  of  teaching  a  Sunday 
school.  67  Mo.  301.  Directors  acting  separately  and  apart  cannot  bind  district.  67 
Mo.  319.  Acts  of  directors  to  bind  corporation  must  be  done  in  their  official  capacity. 
26  Mo.  102.  Proceedings  of  board  of  school  directors  must  be  shown  by  their  record. 
48  A.  408.  No  action  can  be  maintained  against  school  district  upon  an  order  drawn 
upon  treasurer -by  one  or  more  of  the  directors  of  the  district.  67  Mo.  319.  Board  has 
power  to  make  contracts  for  sweeping  school-house  and  making  fires.  60  A.  372;  28 
A.  1G9.  By  this  section  the  board  has  full  care  of  the  school  buildings  and  all  other 
property  belonging  to  the  district,  and  is  empowered  and  directed  to  provide  all  neces- 
sary supplies,  keep  the  house  in  good  repair  and  cause  the  floors  to  be  swept  and 
fires  made  at  the  expense  of  the  district.  Under  supplies  the  board  may  purchase  out 
of  the  incidental  funds  a  small  amount  of  supDlementary  reading  which  is  as  neces- 
sary to  the  success  of.  the  school  as  black-boards  and  crayons,  and  more  necessary 
than  maps  and  charts. 

In  exercising  their  right  to  enter  into  contracts  binding  upon  the  district,  the 
board  of  directors  is  confined  to  the  manner  and  the  conditions  required  by  the  terms 
of  the  statute.  The  purpose  of  these  requirements  is  that  the  terms  of  the  contract 
shall  in  no  essential  particular  be  left  in  doubt,  or  to  be  determined  at  some  other 
time.  If  a  person  can,  without  such  contract,  bind  the  district  impliedly  for  the 
value  of  his  services,  he  would  defeat  the  purpose  of  the  legislature  in  enacting  the 
law. 

The  law  will  not  make  that  valid  without  writing  which  it  requires  to  be  in 
writing.  30  A.  456. 

The  teacher  has  no  more  power  to  employ  a  janitor  than  he  has  to  repair  the 
school-house  or  provide  fuel  at  the  expense  of  the  district.  If  in  consequence  of  the 
neglect  of  these  duties  by  the  board  the  teacher  cannot  carry  on  his  school  for  the 
term,  the  district  would  not  be  exonerated  from  liability  to  the  teacher  for  his  wages 
under  the  contract.  The  fault  not  being  his,  he  would  be  entitled  to  full  pay.  60  A 
372. 

"No  power  exists  in  the  board  of  school  directors  to  rent  buildings  or  rooms 
separate  from  the  school-house  and  employ  a  teacher  for  a  supplementary  school 
therein."  50  A.  39. 

Boards  of  school  directors  should  be  careful  to  see  that  the  provisions  of  this 
section  are  properly  complied  with  when  the  school  building  is  allowed  to  be  used  for 
other  than  school  purposes,  for  fear  of  vitiating  their  insurance. 

Board  of  directors  has  right  under  certain  circumstances  to  reject  any  and  all 
bids,  and  no  action  for  damages  arises.  122  Mo.  61. 

NEW  SECTION.  Library  board  created. — There  is  hereby  created 
a  state  library  board  to  consist  of  five  members,  four  of  whom  shall  be 
appointed  by  the  state  board  of  education  to  serve  for  four  years  an-i 
until  their  successors  are  appointed.  The  state  superintendent  of  schools 
shall  be  a  member  and  ex  officlo  chairman.  (Session  Acts  1901.) 


24 

NEW  SECTION.  Board  shall  select,  classify  and  recommend  books. 
The  state  library  board  shall  select,  classify  and  recommend  a  list  of 
suitable  books  for  school  libraries,  supplementary  reading  and  school 
reference  books.  Said  list  shall  contain  not  less  than  forty  suitable  books 
to  supplement  the  regular  school-room  work  in  each  of  the  following 
lines :  Reading,  literature,  history,  geography  and  nature  study,  or 
practical  agriculture.  They  shall  enter  into  contract  with  the  publishers 
of  the  selected  books  to  furnish  them,  transportation  charges  prepaid,  at 
the  lowest  possible  cost  to  the  districts :  Provided,  that  said  list  may  be 
revised  every  two  years  by  said  board.  It  shall  be  the  duty  of  the  state 
superintendent  of  public  schools  to  publish  and  distribute  to  the  district 
clerks  of  the  state  a  classified  list  of  selected  books,  setting  forth  contract 
price  of  each.  (Session  Acts  1901.) 

NEW  SECTION.  School  boards  to  set  aside  funds  to  purchase 
books. — For  the  purpose  of  purchasing  school  libraries,  supplementary 
and  reference  books,  district  boards  of  directors  shall  set  aside,  out  of 
the  levy  made  for  incidental  purposes,  not  less  than  five  nor  more  than 
twenty  cents  per  pupil  enumerated  in  the  district  each  year,  which  shall 
be  spent  under  the  direction  of  the  board  in  purchasing  books  from  the 
list  selected :  Provided,  that  books  other  than  those  selected  may  be  pur- 
chased after  one  hundred  volumes  have  been  purchased  from  the  selected 
list  of  library  books.  (Session  Acts  1901.) 

It  is  recommended  that  teachers  be  consulted  by  school  boards  before  books  are 
purchased.  The  members  of  the  county  boards  of  education  will  be  able  to  give 
wholesome  advice  in  the  selection  of  books.  A  pamphlet  containing  the  prices  and 
descriptions  of  the  selected  books  has  been  distributed  containing  rules  and  regula- 
tions for  the  management  of  the  libraries.  When  the  incidental  funds  will  admit  of 
it  school  boards  should  appropriate  the  maximum  of  twenty  cents  per  child  enumer- 
ated. 

L,ists  of  small  libraries  will  be  found  in  connection  with  the  course  of  study 
in  the  appendix.  These  have  been  selected  with  great  care  with  the  view  of  sup- 
plementing the  regular  school  room  work.  If  ten  or  fifteen  dollars  is  to  be  spent, 
simply  order  two  or  three  of  the  special  libraries.  These  small  libraries  are  num- 
bered and  may  be  ordered  by  number.  Any  combination  of  special  lists  and  supple- 
mental lists  may  be  made  to  suit  the  amount  the  district  has  to  spend. 

No  state  has  a  better  contract  for  library  books.  The  board  took  great  pains 
in  selecting  books  and  in  getting  bids.  The  list  and  prices  will  bear  comparison 
and  we  feel  quite  proud  to  be  able  to  announce  the  prices  to  the  districts  lower  in 
many  instances  than  they  are  furnished  to  the  schools  of  Iowa;  that,  too,  in  face 
of  the  fact  that  the  Iowa  contractor  wrote  that  he  could  not  duplicate  the  Iowa 
bid  because  he  was  losing  money  on  it. 

School  boards  should  make,  or  cause  to  be  made,  a  simple  box-book-case  to 
rest  on  the  teacher's  desk,  provided  with  door  on  hinges  and  with  lock  and  key.  It 
will  be  so  nruch  better  if  such  book-case  can  be  made  in  the  walls  of  the  house 
when  the  house  is  constructed. 

It -may  be  objected  that  five  dollars  will  not  buy  many  books  and  that  so  few 
books  will  do  little  good.  Try  it.  Five  dollars  a  year  is  better  than  waiting  five 
years  to  raise  twenty-five  dollars.  Teachers  and  pupils  will  learn  to  appreciate  a  few 
books  faster  than  if  the  list  is  too  large.  Experience  with  few  books  will  insure  wiser 


purchases   later.     I  would  advise   districts  to   make  as  large  orders   as   possible,    but 
insist  that  small  orders  be  made  now  rather  than  wait  for  more_. 

This  law  in  no  wise  interferes  with  right  of  directors  in  cities  and  towns  to 
provide  public  libraries,  nor  does  it  take  the  place  of  the  law  authorizing  annual 
meeting  to  vote  a  library  tax.  A  district  may  do  both—vote  at  annual  meeting  to 
levy  library  tax  and  board  may  set  aside  a  small  amount  out  of  the  incidental  fund. 

SEC.  9764.  Rules  and  regulations  and  admission  of  non-resident 
pupils. — The  board  shall  have  power  to  make  all  needful  rules  and 
regulations  for  the  organization,  grading  and  government  in  their  school 
district — said  rules  to  take  effect  when  a  copy  of  the  same,  duly  signed 
by  order  of  the  board,  is  deposited  with  the  district  clerk,  whose  duty  it 
shall  be  to  transmit  forthwith,  a  copy  of  the  same  to  the  teachers  em- 
ployed in  the  schools ;  said  rules  may  be  amended  or  repealed  in  like  man- 
ner. They  shall  also  have  the  power  to  suspend  or  expel  a  pupil  for  con- 
duct tending  to  the  demoralization  of  the  school,  after  notice  and  a  hear- 
ing upon  charges  preferred,  and  may  admit  pupils  not  residents  within 
the  district,  and  prescribe  the  tuition  fee  to  be  paid  by  the  same:  Pro- 
vided, that  orphan  children,  or  any  children  bound  as  apprentices  and  all 
children  whose  parents  do  not  contribute  to  their  support,  shall  have  the 
privilege  of  attending  school  in  any  district  in  the  state  of  Missouri  in 
which  they  may  find  a  permanent  or  temporary  home,  without  paying  a 
tuition  fee :  Provided,  further,  that  any  person  who  resides  in  a  district 
in  which  only  the  studies  enumerated  in  section  9798  are  taught,  and  who 
pays  a  school  tax  in  a  city,  town  or  village  school  district  in  which  a 
school  of  a  higher  grade  is  established,  shall  be  entitled  to  send  his  or  her 
children  to  such  higher  grade  school,  and  receive  a  credit  on  the  amount 
charged  for  tuition  to  the  amount  of  such  school  tax.  "(R.  S.  1899.) 

When  pupil  is  released  and  sent  back  to  his  home,  neither  teacher  nor  directors 
have  authority  to  follow  him  thither  and  govern  his  conduct  while  under  the  parental 
eye.  66  Mo.  286.  Teacher  can  punish  pupils  for  quarreling  on  their  way  home.  85  Mo. 
485.  Power  of  school  board  to  make  rules.  71  Mo.  628.  A  minor  who  is  neither  an 
orphan  nor  an  apprentice  and  whose  parents  reside  without  the  school  district,  is  not 
entitled  to  attend  the  public  school  without  paying  tuition  fee,  although  having  a  home 
more  or  less  permanent  in  the  district.  30  A.  285. 

By  this  section  boards  of  school  directors  are  empowered  to  adopt  needful  and 
reasonable  rules  for  the  grading  and  government  of  the  schools  in  their  district.  In 
the  absence  of  rules  being  furnished  by  the  board,  the  teacher  may  adopt  such  rules 
and  punish  pupils  for  infractions  of  same.  The  board  should  see  that  the  official 
course  of  study  adopted  by  county  boards  of  education  is  followed.  In  this  way 
may  system  and  uniformity  be  secured. 

The  power  to  suspend  or  expel  a  pupil  belongs  exclusively  to  the  board  of  di- 
rectors. Before  this  power  can  be  exercised  the  accused  must  be  furnished  a  copy  of 
the  charges  preferred  and  be  granted  an  opportunity  to  defend  himself  against  such 
charges. 

The  power  to  suspend  or  expel  a  pupil  can  in  no  wise  be  exercised  by  the 
teacher;  neither  can  the  board  delegate  this  power  to  the  teacher.  Many  teachers 
practice  sending  pupils  home  temporarily,  i.  c.,  suspending  them.  This  practice  is 
clearly  illegal. 

This  section  provides  that  children  whose  parents  do  not  contribute  to  their 
support  may  attend  school  without  payment  of  tuition  in  any  district  in  which  such 
children  may  find  a  permanent  or  temporary  home. 


26 

The  board  is  authorized  to  admit  non-resident  pupils  and  prescribe  the  tujtion 
to  be  paid  by  same,  and  the  board  may  admit  to  the  schools  persons  over  twenty 
years  of  age  on  payment  of  tuition  just  as  non-residents  are  admitted. 

Where  a  person  residing  in  one  school  district  sends  to  school  in  another  district 
in  which  he  pays  a  school  tax,  how  to  obtain  credit  on  tuition.  18  A.  523.  Courts 
have  no  power  to  prescribe  what  shall  or  shall  not  be  taught  in  the  public  schools. 
The  term  common  school  means  schools  open  and  public  to  all,  rather  than  of  a 
definite  grade.  7  A.  566;  77  Mo.  484. 

A  resident  of  a  school  district  is  not  entitled  to  attend  the  public  schools  of  the 
district,  unless  he  is  within  the  age  limited  by  the  constitution,  namely,  between  the 
ages  of  six  and  twenty  years.  61  A.  407. 

Coming  temporarily  within  a  district  to  reside  during  the  scholastic  year,  for 
the  purpose  of  sending  children  to  the  school  of  that  district  is  not  allowable,  and 
the  party  so  doing  is  not  entitled  to  free  tuition.  84  A.  140. 

A  teacher  has  the  right  to  Inflict  reasonable  punishment  for  misconduct  by 
whipping.  It  must  be  administered  for  a  salutary  purpose  to  maintain  the  discipline 
and  efficiency  of  the  school.  There  is  no  such  thing  as  reasonable  punishment  from 
a  malicious  motive.  88  A.  354. 

SEC.  9765.  Contagious  diseases. — It  shall  be  unlawful  for  any 
child  to  attend  any  of  the  public  schools  of  this  state  while  afflicted  with 
any  contagious  or  infectious  disease,  or  while  liable  to  transmit  such  dis- 
ease after  having  been  exposed  to  the  same.  For  the  purpose  of  deter- 
mining the  diseased  condition  or  the  liability  of  transmitting  such  disease, 
the  teacher  or  board  of  directors  shall  have  power  to  require  any  child 
to  be  examined  by  a  physician  or  physicians,  and  to  exclude  such  child 
from  school  so  long  as  there  is  any  liability  of  such  disease  being  trans- 
mitted by  the  same.  A  refusal  on  the  part  of  the  parent  or  guardian  to 
have  an  examination  made  by  a  physician  or  physicians,  at  the  request  of 
the  teacher  or  board  of  directors,  will  authorize  the  teacher  or  board  of 
directors  to  exclude  such  child  from  school ;  and  any  parent  or  guardian 
who  shall  persist  in  sending  a  child  to  school,  after  having  been  examined 
as  provided  by  this  section,  and  found  to  be  afflicted  with  any  contagious 
or  infectious  disease,  or  liable  to  transmit  the  same,  or  after  having  re- 
fused to  have  such  child  examined  as  herein  provided,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  by  fine 
of  not  less  than  five  nor  more  than  one  hundred  dollars.  (R.  S.  1899.) 

School  boards  have  authority  to  make  rules  for  the  government  of  their  schools 
and  as  such  have  the  right  to  require  children  in  attendance  to  be  vaccinated,  if 
deemed  necessary  by  such  board  to  prevent  the  transmission  or  spread  of  a  contagious 
disease,  and  may  exclude  all  pupils  who  refuse  to  comply  with  such  requirement. 
62  A.  8. 

Schools  cannot  be  closed  on  account  of  contagious  diseases  unless  ordered  by 
board  of  health,  or  on  agreement  of  both  parties  to  the  contract, 

SEC.  9766.  Employment  of  teachers. — The  board  shall  have  power 
at  a  regular  or  special  meeting  to  contract  with  and  employ  legally  qual- 
ified teachers  for  and  in  the  name  of  the  district;  all  special  meetings 
shall  be  called  by  the  president,  and  each  member  notified  of  the  time, 
place  and  purpose  of  the  meeting.  The  contract  shall  be  made  by  order 
of  the  board ;  shall  specify  the  number  of  months  the  school  is  to  be 


27 

taught  and  the  wages  per  month  to  be  paid  ;  shall  be  signed  by  the  teacher 
and  the  president  of  the  board,  and  attested  by  the  clerk  of  the  district 
when  the  teacher's  certificate  is  filed  with  said  clerk,  who  shall  return  the 
certificate  to  the  teacher  at  the  expiration  of  the  term ;  the  certificate  must 
be  in  force  for  the  full  time  for  which  the  contract  is  made.  The  board 
shall  not  employ  one  of  its  members  as  teacher,  nor  shall  the  teacher  serve 
as  clerk  of  the  district.  All  transactions  of  the  board  under  this  section 
must  be  recorded  by  and  filed  with  the  district  clerk.  (R.  S.  1899.) 

Board  has  no  power  to  contract  for  services  of  teacher  after  their  successors  in 
the  school  board  have  been  elected  and  qualified.  51  Mo.  21.  Members  of  school  board 
wantonly  obstructing  a  teacher  in  the  discharge  of  his  duty,  are.  individually  liable 
therefor.  55  Mo.  149.  An  order  of  school  board  entered  of  record  to  employ  teacher 
will  be  sufficient  to  constitute  contract  though  no  written  contract  be  entered  into. 
63  Mo.  137;  see  28  A.  169.  School  board  has  no  power  to  discharge  teacher,  but  when 
his  certificate  is  revoked  he  is  disqualified  from  further  teaching  in  public  schools 
in  that  county.  78  Mo.  226;  19  A.  462.  Directors  cannot  abandon  contract  made  with 
a  teacher  because  there  is  not  sufficient  funds  in  the  treasury  to  pay  him.  30  A.  113. 
Directors  have  no  power  to  rent  building  for  school  purposes  without  consent  of  voters 
of  district.  30  A.  641.  Where  school  board  meets  and  regularly  employes  teacher  and 
orders  clerk  to  make  contract  with  her  it  is  the  duty  of  president  of  board  to  sign 
such  contract.  50  A.  65.  Not  necessary  that  teacher  have  certificate  that  reaches  to 
end  of  term,  for  which  she  is  employed,  provided  that  during  the  term  she  has  proper 
certificate.  50  A.  65.  Teacher's  contract  with  directors  need  not  be  in  duplicate  nor 
filed  with  district  clerk.  70  A.  624. 

The  employment  of  teachers  is  one  of  the  powers  vested  exclusively  in  the  board 
of  directors.  In  some  districts  the  voters  attempt  to  dictate  by  a  vote  who  shall  be 
employed  as  teacher,  or  the  wages  to  be  paid.  There  is  no  authority  for  a  vote  upon 
either  proposition;  therefore,  the  board  is  not  bound  by  such  action.  A  teacher  may  be 
employed  at  either  a  regular  or  special  meeting  of  the  board.  Regular  meetings  of  the 
board  are  those  held  at  stated  times,  and  it  is  the  duty  of  each  member  of  the  board 
to  attend  such  meeting  without  notice.  Special  meetings  of  the  board  should  be  called 
by  the  president,  each  member  being  notified  of  the  time,  place  and  purpose  of  the 
meeting,  but  in  the  event  of  his  failure  to  call  such  meeting  when  the  business  of  the 
district  requires  that  a  meeting  shall  be  held,  the  meeting  may  be  called  by  the 
other  members  of  the  board  and  the  president  notified  of  the  time,  place  and  purpose 
of  the  meeting. 

The  contract  must  be  made  by  order  of  the  board.  Individual  members  of  the 
board  acting  separately  cannot  bind  the  district.  When  a  teacher  has  been  elected, 
the  district  record  should  show  the  name  of  the  teacher,  the  number  of  months  the 
school  is  to  be  taught,  and  the  wages  per  month  to  be  paid.  An  order  should  also 
be  entered  directing  the  president  and  clerk  to  enter  into  written  contract  with  the 
teacher.  It  then  becomes  the  duty  of  the  president  of  the  board  to  sign  such  con- 
tract, and  he  may  be  removed  from  office  for  a  refusal  to  do  so.  Upon  two  points  the 
law  specifically  requires  that  the  contract  shall  be  definite;  the  number  of  months 
the  school  is  to  be  taught  and  the  wages  per  month  to  be  paid.  A  contract  for  five 
months,  or  longer,  provided  there  is  sufficient  money  to  maintain  a  longer  term,  is 
only  valid  for  five  months.  In  some  districts  a  contract  is  made  with  the  teacher  at 
so  much  per  month  and  whatever  tuition  he  may  collect.  This  is  a  plain  violation  of 
law.  The  tuition  fees  must  be  collected  and  turned  into  the  treasury  to  the  credit 
of  the  teachers'  fund. 

Complaint  is  sometimes  made  by  teachers  that  they  have  been  regularly  em- 
ployed, the  district  record  showing  such  employment,  but  that  through  some  neglect 
the  contract  was  not  drawn,  and  the  members  of  their  board  having,  for  some  reason, 
changed  their  minds,  rescind  their  former  action  and  employ  another  teacher.  This 
is  an  injustice  to  the  person  first  employed,  but  he  has  no  remedy,  as  the  contract  Is 
not  binding  on  the  district  until  it  is  made  in  writing  and  signed.  However,  should 
the  teacher  perform  services  for  the  district  he  may  recover  compensation  for  such 


28 

services,  even  though  no  written  contract  existed.  A  teacher  cannot  legally  enter 
into  a  contract  to  teach  without  being  in  possession  of  a  certificate  issued  by  lawful 
authority.  If  such  certificate  expires  before  the -end  of  the  term  contracted  for,  it 
must  be  renewed  at  expiration. 

A  contract  for  the  employment  of  a  teacher  may  be  recovered  upon,  though  not 
in  writing.  63  Mo.  137.  The  local  directors  of  a  school  district  have  no  authority  to 
dismiss  a  teacher  therein,  unless  for  good  and  sufficient  cause  shown.  55  Mo.  149.  A 
board  of  school  directors  have  no  power  to  contract  for  the  services  of  a  teacher 
after  their  successors  in  the  school  board  have  been  elected  and  qualified.  51  Mo.  21. 
A  teacher  does  not  forfeit  any  right  under  his  contract,  or  under  the  law,  by  failing 
to  make  monthly  reports,  when  by  action  of  the  directors  the  school  has  been  closed. 
30  A.  113;  28  A.  169;  see  24  A.  213.  The  school  commissioner  should  revoke  a  teacher's 
certificate  for  incompetency  or  Immorality;  the  board  cannot  discharge  a  teacher  for 
said  causes  until  his  certificate  is  revoked.  19  A.  462;  78  Mo.  226.  Must  teach  in  dis- 
trict school-house.  30  A.  641. 

In  absence  of  evidence,  that  meeting  was  not  regularly  called,  it  will  be  pre- 
sumed the  meeting  was  regular.  59  A.  580. 

Where  a  school  board  meets  and  proceeds  regularly  to  employ  a  teacher  and 
orders  its  clerk  to  make  the  contract,  it  is  the  duty  of  the  president  of  the  board 
to  sign  such  contract  regardless  of  his  view  of  the  propriety  of  such  action  and  his 
failure  to  sign  the  contract  will  not  invalidate  it.  50  A.  66. 


FORM  FOR  TEACHER'S  CONTRACT. 

This  agreement,  made  the  —  —  day  of ,  190—,  between ,  a  legally  quali- 
fied public  school  teacher,  of  the  first  part,  and  the  school  board  of  district  No.  — , 

township  No.  — ,  range  No.   — ,   county  of ,   and  State  of  Missouri  of  the  second 

part. 

Witnesseth:    That  the  said  —    —  agrees  to  teach  the  public  school  of  said  district 

for  the  term  of  months,   commencing  on   the day  of  -  — ,   190—,   for  the 

sum  of  dollars  per  month,   to  be  paid  monthly,   and  that  for  services  properly 

rendered  and  reports  correctly  made  according  to  law,  said  board  agrees  to  issue  a 
warrant  upon  the  —  —  treasurer,  in  favor  of  the  said  —  — ,  for  the  amount  of  wages 
due  under  this  agreement. 

Done  by  order  of  the  board,  this  —     —  day  of  —  — ,  190—. 

,   Teacher.    -  — ,    President. 

Attest:    — ,   District  Clerk. 

SEC.  9767.  Contract  construed. — The  contract  required  in  the 
preceding  section  shall  be  construed  under  the  general  law  of  contracts, 
each  party  thereto  being  equally  bound  thereby.  Neither  party  shall 
suspend  or  dismiss  a  school  under  said  contract  without  the  consent  of 
the  other  party.  The  board  shall  have  no  power  to  dismiss  a  teacher ; 
but  should  the  teacher's  certificate  be  revoked,  said  contract  is  hereby  an- 
nulled. .  The  faithful  execution  of  the  rules  and  regulations  furnished  by 
the  board  shall  be  considered  as  part  of  said  contract:  Provided,  said 
rules  and  regulations  are  furnished  to  the  teacher  by  the  board  when  the 
contract  is  made.  Should  the  teacher  fail  or  refuse  to  comply  with  the 
terms  of  the  contract,  or  to  execute  the  rules  and  regulations  of  the  board, 
the  board  may  refuse  to  pay  said  teacher — after  due  notice,  in  writing,  is 
given  by  order  of  the  board — until  compliance  therewith  is  rendered. 
Should  the  school-house  be  destroyed,  the  contract  becomes  void.  (R. 
S.  1899.) 

Where  school-house  is  destroyed  contract  is  terminated.  24  A.  213.  School  may  be 
dismissed  and  closed  before  end  of  contract  term  by  agreement  of  teacher  and  di- 


29 

rectors.  59  A.  580.  Teacher's  pay  cannot  be  withheld  for  non-compliance  with  a  regu- 
lation made  by  board  during  his  employment  unless  properly  notified  of  such  regula- 
tion. 61  A.  512. 

Each  party,  the  teacher  on  the  one  hand  and  the  board  on  the  other,  is,  equally 
bound  by  the  contract.  This  fact  cannot  be  too  strongly  impressed  upon  the  parties 
to  the  contract.  A  board  of  directors  cannot  exercise  too  much  care  in  the  selection 
a  teacher,  for  when  the  contract  is  completed  it  cannot  be  abrogated  except  by 
having  the  teacher's  certificate  revoked  by  the  county  commissioner  as  provided  in 
section  9960  of  the  institute  law. 

Faithful  compliance  with  the  rules  and  regulations  furnished  by  the  board  is 
made  part  of  the  contract.  Necessary  rules  and  regulations  for  the  government  of  the 
school  should  be  adopted  by  every  board  of  directors,  and  a  copy  of  such  rules  fur- 
nished the  teacher  at  the  time  of  entering  into  contract.  A  person  entering  into  a 
contract  with  a  school  district  through  its  directors,  must,  at  his  peril,  take  notice  of 
the  limited  powers  of  the  directors,  and  if  he  enters  into  a  contract  with  them  in 
excess  of  their  powers,  no  recovery  can  be  had  by  him  thereon.  30  A.  113.  The  power 
of  a  board  of  directors  with  reference  to  expenditures  is  limited  to  the  income  provided 
for  the  current  year.  Therefore,  a  teacher  should  inform  himself  before  entering  into 
contract  as  to  amount  of  revenue  provided  for  teachers'  wages,  as  he  can  collect  no 
greater  amount  than  that  provided.  Note  the  difference,  however,  between  ''revenue 
provided"  and  "revenue  collected."  When  the  levy  for  school  purposes  is  made,  the 
revenue  is  said  to  be  "provided."  Warrants  may  be  drawn  against  the  revenue 
provided  whether  it  is  collected  during  the  school  year  or  not. 

Teacher  need  not  have  certificate  when  contract  is  made.  Must  hold  certificate 
while  teaching.  Contract  requiring  special  examination  of  teacher,  nugatory.  Ser- 
vices under  contract  must  be  rendered  during  school  year.  93  A.  254. 

SKC.  0768.  Visitation  of  schools. — It  shall  be  the  duty  of  the 
board  to  visit  the  schools  under  their  care,  examine  into  their  condition 
and  the  progress  of  the  pupils,  advise  and  consult  with  the  teachers,  and 
to  exercise  such  supervision  as  will  best  promote  the  interests  of  the 
schools.  (R.  S.  1899.) 

No  member  of  a  school  board  should  feel  that  he  has  discharged  his  duty  until' 
he  has  visited  the  school  at.  least  two  or  three  times.  Such  visits  encourage  and  stimu- 
late both  pupils  and  teacher.  Only  in  this  manner  is  it  possible  for  members  of  the 
1-oard  to  make  themselves  familiar  with  the  management  of  the  school. 

SKC.  9769.  Removal  of  district  clerk. — The  board  shall  have 
power  to  remove  the  district  clerk  from  his  office  for  dereliction  of  duty, 
and  appoint  another  in  his  place,  to  whom  the  former  incumbent  shall 
immediately  deliver  his  books  and  papers  pertaining  to  the  office.  (R. 
S.  1899.) 

The  district  clerk  is  a  creature  of  the  board,  and  can  therefore  be  removed  "for 
dereliction  of  duty."  For  this  reason,  it  is  better  that  the  clerk  be  not  a  member  of 
the  board.  The  president  of  the  board  is  also  a  creature  of  the  board,  and  can  be  re- 
moved and  another  appointed.  Of  course  he  will  still  hold  his  position  as-  a  member 
of  the  board.  "It  is  essential,  in  every  case,  that  charges  be  made,  and  trial  had, 
and  that  the  accused  be  notified  and  have  a  full  opportunity  for  defense."  44  Mo.  570. 

SEC.  9770.  Enumeration  lists. — The  school  board  of  each  district 
shall,  between  the  thirtieth  day  of  April  and  the  fifteenth  day  of  May  of 
each  year,  take,  or  cause  to  be  taken  and  forwarded  to  the  county  clerk, 
an  enumeration  of  the  names  of  all  persons  over  six  and  under  twenty 
years  of  age,  resident  within  the  district,  designating  male  and  female, 
white  and  colored,  and  age  of  each,  together  with  the  full  name  of  the 
parent  or  guardian  of  each  child  enumerated ;  and  also  an  enumeration 


30 

of  all  blind  and  deaf  and  dumb  persons  of  school  age  resident  within  the 
district,  designating  male  and  female,  white  and  colored,  and  age  of  each, 
together  with  the  full  name  of  the  parent  or  guardian  of  each  of  such 
children  so  enumerated  and  their  post  office  address;  which  said  enum- 
erations shall  be  subscribed  and  sworn  to ;  and  any  parent  or  guardian 
who  shall  knowingly  furnish  to  any  enumerator  the  name  of  any  child 
who  is  under  six  or  over  twenty  years  of  age,  or  who  is  a  non-resident  of 
the  district  shall  be  guilty  of  a  misdemeanor,  and  any  enumerator  who 
shall  knowingly  return  a  false  enumeration  shall  be  deemed  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  not  to  exceed  one  hundred  dollars ; 
and  should  the  board  neglect  or  refuse  to  comply  with  the  provisions  of 
this  section,  such  district  shall  forfeit  its  right  to  any  portion  of  the  pub- 
lic funds  for  the  next  ensuing  school  year:  Provided,  that  the  school 
board  of  any  city  having  more  than  fifty  thousand  inhabitants  may  relieve 
itself  of  the  duty  aforesaid  four  times  in  every  period  of  five  years,  by 
passing  a  resolution  each  year  adopting  the  last  enumeration  therein 
made  as  its  enumeration  of  persons  of  school  age  in  said  city  for  such 
year,  and  thereupon  such  last  enumeration  shall  be  deemed  returned  and 
taken  as  its  enumeration  for  such  year  for  all  purposes  under  this  chap- 
ter. The  county  clerk  of  each  county  shall  certify  to  the  superintendent 
of  the  school  for  the  deaf  and  dumb  at  Fulton,  as  soon  as  convenient 
after  he  receives  the  enumeration  lists,  the  names  of  all  deaf  and  dumb 
persons  of  school  age  in  his  county,  giving  name,  age,  sex  and  color, 
and  the  name  and  post  office  address  of  parent  or  guardian  of  such  per- 
sons, and  to  the  superintendent  of  school  for  the  blind  in  St.  Louis  the 
names  of  all  blind  persons  of  school  age  in  his  county,  giving  name,  age, 
sex  and  color,  and  the  name  and  post  office  address  of  parent  or  guardian 
of  such  persons.  (R.  S.  1899.) 

Section  1,  Art.  XI,  Constitution.  84  Mo.  74;  30  A.  285.  An  enumerator  is  not  re- 
quired to  follow  those  who  have  apparently  moved  from  district  and  get  their  secret 
Intention,  but  must  be  guided  by  usual  and  ordinary  indicia  of  residence.  64  A.  313. 

Great  care  should  be  taken  by  the  enumerator  to  get  the  name  of  every  child 
in  the  district  entitled  to  enumeration.  The  public  funds— state,  county,  and  township, 
are  apportioned  upon  the  enumeration,  and  for  every  name  missed  the  district  will  lose 
from  $1.50  to  $3.50  or  possibly  more.  Do  not  fail  to  forward  the  enumeration  to  the 
county  clerk  within  the  time  specified  by  law.  It  is  not  the  duty  of  the  district  clerk 
to  take  the  enumeration.  The  board  may  take  the  enumeration  of  the  district  them- 
selves, or  may  cause  the  same  to  be  taken  by  employing  the  district  clerk  or  any 
other  competent  person.  Section  9844  makes  it  the  duty  of  assessors  to  furnish  the 
county  clerks  lists  of  tax-payers  by  school  districts. 

SEC.  9771.  Estimate. — The  school  board  of  each  district  shall, 
on  or  before  the  fifteenth  day  of  May  of  each  year,  forward  to  the 
county  clerk  an  estimate  of  the  amount  of  funds  necessary  to  sustain 
the  schools  of  their  district  for  the  time  required  by  law,  or,  when  a 
longer  term  has  been  ordered  by  the  annual  meeting,  for  the  time  thus 
decided  upon,  together  with  such  other  amount  for  purchasing  site, 
erecting  buildings  or  meeting  bonded  indebtedness  and  interest  on  same, 


as  may  have  been  legally  ordered  in  such  estimate,  stating  clearly  the 
amount  deemed  necessary  for  each  fund,  and  the  rate  required  to  raise 
said  amount.  (R.  S.  1899.) 

Restriction  on  tax  levy.  Section  2.  Art.  X,  Constitution.  Where  estimates  re- 
turned by  school  districts  stated  rate  of  required  tax  levy,  but  did  not  mention 
amount  of  the  several  funds  which  levy  would  produce,  irregularity  is  immaterial. 
126  Mo.  472.  County  clerk  has  no  authority  to  extend  upon  tax-books,  without  order 
of  county  court,  school  tax  upon  property  of  railroad  company  based  upon  school 
district  clerk's  certificate  of  amount  of  taxes  to  be  levied  for  school  purposes.  135 
Mo.  618. 

This  is  to  be  made  by  the  school  board  to  the  county  clerk,  and  on  or  before 
the  fifteenth  day  of  May  of  each  year.  The  estimate  is  for  the  following  purposes: 
(1)  For  teachers'  fund;  (2)  for  incidental  expenses;  (3)  for  building;  (4)  for  sinking 
fund;  (5)  for  interest  fund.  The  estimate  for  teachers'  wages,  if  it  exceeds  forty 
cents  on  the  hundred  dollars,  must  state  that  it  was  ordered  (section  9777)  by  a 
majority  of  the  tax-payers  of  the  district.  The  estimate  for  building  purposes  must 
show  that  it  was  authorized  (section  9778)  by  two-thirds  of  the  qualified  voters  of  the 
district  who  voted  at  the  election.  The  estimate  for  sinking  fund  (section  9757)  cannot 
exceed  forty  cents  on  the  hundred  dollars.  The  estimate  for  interest  (section  9758) 
must  be  sufficient  to  pay  the  interest  as  it  falls  due.  It  is  very  important  that  the 
'estimate  be  made  promptly  and  in  good  form,  being  careful  to  ''state  clearly  the 
amount  deemed  necessary  for  each  fund." 

SEC.  9772.  Condemnation  of  site. — Whenever  any  district  shall 
select,  at  the  annual  or  any  special  meeting,  one  or  more  sites  for  one  or 
more  school-houses,  and  cannot  agree  with  the  owner  thereof  as  to  the 
price  to  be  paid  for  the  same,  or  for  any  other  cause  cannot  secure  a  title 
thereto,  the  board  of  directors  may  proceed  to  condemn  the  same  in  the 
same  manner  as  provided  for  condemnation  of  right  of  way  in  chapter 
12,  article  7,  of  the  Revised  Statutes,  entitled  "Appropriations  and  valua- 
tion of  lands  taken  for  telegraph,  telephone,  gravel  and  plank  or  railroad 
purposes ;"  and  such  condemnation  and  the  payment  of  the  appraisement 
as  therein  provided  the  title  of  such  lot  or  land  shall  vest  in  the  board  of 
directors  for  use  in  trust  for  the  district ;  and  whenever  a  majority  of  the 
qualified  voters  and  tax-payers  of  any  school  district,  at  any  annual  or 
special  meeting  called  for  that  purpose,  shall  determine  that  it  is  neces- 
sary to  have  additional  grounds  for  school  purposes,  then  the  board  of 
directors  may  proceed  to  condemn  and  pay  for  any  amount  of  land  ad- 
jacent to  the  school-house  site,  as  provided  in  this  section.  (R.  S.  1899.) 

Section  21,  Art.  II,  Constitution.  Land  condemned  for  public  school-house  site  is 
private  property  taken  for  public  use.  48  Mo.  243.  In  proceedings  by  special  school 
district  to  condemn  land  for  school-house  site,  defendant  may  put  in  issue  plaintiff's 
corporate  existence.  125  Mo. -439. 

SEC.  9773.  High  schools  may  be  established. — Whenever  any 
school  district  of  Missouri,  as  party  of  the  first  part,  has  or  will  furnish 
a  room  or  rooms,  suitable  for  the  purpose  of  a  high  school,  and  will 
agree  to  seat,  equip,  heat  and  keep  in  order  said  room  or  rooms  for  high 
school  purposes,  at  its  own  expense,  said  district,  together  with  any  three 
or  more  school  districts  in  Missouri,  as  parties  of  the  second  part,  may 
unite  as  a  public  central  high  school  district,  for  the  purposes  of  organ- 
izing and  maintain  ing  a  high  school  for  the  better  instruction  of  the 


32 

children  of  such  school  districts  in  high  school  studies ;  and  the  question 
of  such  union  may  be  submitted  to  the  annual  meetings  of  such  districts, 
severally,  by  legal  notice,  as  other  questions  are  submitted  to  such  meet- 
ings; and  the  clerk  of  each  district  voting  upon  the  question  of  such 
union  shall  record  the  result  of  the  vote  in  the  records  of  the  meeting, 
and,  on  the  reorganization  of  the  board  of  directors  in  each  of  the  said 
school  districts,  issue  to  the  president  thereof  a  certificate  of  the  vote  on 
the  said  question  of  union ;  and  at  2  p.  m.  on  the  Tuesday  following  the 
annual  meeting,  the  directors  of  the  several  districts  which  have  voted 
on  the  question  of  said  union  shall  meet  at  the  school-house  of  the  dis- 
trict herein  designated  as  party  of  the  first  part,  and  if  the  district  so 
designated  as  party  of  the  first  part,  and  any  three  or  more  of  the  dis- 
tricts herein  designated  as  parties  of  second  part,  shall  have  decided  sev- 
erally, by  majority  vote,  to  form  such  central  high  school  district,  then  the 
same  shall  be  considered  formed ;  and  the  directors  of  the  several  school 
districts  forming  such  central  high  school  district  shall,  on  said  first 
Tuesday  after  the  annual  election,  organize  for  the  purposes  of  such  high 
school  district,  by  electing  from  their  number  a  president  and  secretary, 
and  agree,  by  a  majority  vote,  upon  the  part  not  to  exceed  twenty  per 
cent,  of  the  teachers'  fund  of  the  several  districts,  to  be  set  apart  by  the 
directors  of  "such  several  school  districts  for  the  salary  of  the  teacher  or 
teachers  of  said  central  high  school,  and  decide  upon  the  time,  place  and 
manner  of  electing  the  teacher  or  teachers  of  said  central  high  school, 
who  shall  hold  a  first-grade  county  certificate  or  certificates,  or  a  state  cer- 
tificate or  certificates,  and  who  shall  enter  into  contract  with  other  school 
districts ;  and  said  directors  of  said  school  district  shall  annually  there- 
after, on  the  first  Tuesday  after  the  annual  meeting,  meet  as  hereinbe- 
fore provided  for  their  first  organization  and  reorganize  by  the  election 
of  a  president  and  secretary,  and  transact  such  further  business  as  may 
be  necessary  to  continue  said  central  high  school  from  year  to  year: 
Provided,  the  sum  set  aside  by  the  several  boards  of  directors  of  the  sev- 
eral school  districts  of  said  central  high  school  district  for  the  salary  of 
said  high  school  teacher  or  teachers  shall  not,  in  any  one  of  said  school 
districts,  exceed  twenty  per  cent,  of  the  teachers'  fund  in  said  school  dis- 
trict ;  and  the  county  treasurer  or  the  township  trustees  handling  the 
funds  of  said  school  districts  forming  said  central  high  school  district 
shall,  upon  notice  from  the  secretary  of  said  central  high  school  district, 
set  aside  for  the  salary  of  said  central  high  school  teacher  or  teachers,  the 
part  of  teachers'  fund  of  the  said  several  school  districts  agreed  upon  and 
set  apart  by  the  directors  of  the  said  several  school  districts,  as  herein 
provided  for;  and  said  county  treasurer  or  township  trustees  shall  pay 
said  high  school  teacher  or  teachers  from  said  fund  set  aside,  upon  the 
warrant  of  the  president  and  secretary  of  said  central  high  school  di§- 


33 

trict ;  and  the  authority  of  the  central  high  school  board  of  directors 
herein  created  over  the  central  high  school,  as  to  rules  and  regulations, 
shall  be  the  same  as  that  of  the  board  of  directors  of  other  school  dis- 
tricts over  the  schools  of  tHeir  districts :  Provided,  that  the  length  of 
term  of  said  central  high  school  shall  not  exceed  the  average  length 
of  term  in  the  school  districts  of  which  said  central  high  school  district 
is  composed:  Provided,  that  no  pupil  shall  be  permitted  to  enter  the 
classes  of  said  central  high  school  who  has  not  completed  the  study. of 
descriptive  geography,  practical  arithmetic,  mental  arithmetic,  language 
lessons  and  elementary  grammar,  United  States  history  and  elementary 
physiology;  and  the  teacher  or  teachers  of  said  central  high  school  may 
examine  all  pupils  desiring  to  enter  said  central  high  school  to  test  their 
knowledge  of  the  aforesaid  subjects.  (R.  S.  1899.) 

This  has  been  in  statutes  for  eight  years  and  but  one  high  school  has  been  organ- 
ized under  its  provisions.  It  would  be  a  much  better  plan  to  consolidate  four  or  more 
school  districts  into  one  district  for  all  school  purposes.  This  can  be  done  in  accord- 
ance with  section  9742.  "When  it  is  deemed  necessary  to  form  a  new  district,  to  be 
composed  of  two  or  more  entire  districts,  etc."  Four  or  more  districts  with  a  village 
near  the  center  should  be  consolidated  into  one  new  district,  and  then  within  fifteen 
days  the  voters  should  meet  and  organize  this  new  district  for  work,  according  to 
section  9748,  and  just  as  soon  as  possible  organize  as  a  village  district  with  six  direc- 
tors. This  will  provide  definitely  for  a  school  of  higher  grade  and  such  primary  schools 
as  the  board  may  deem  necessary.  Such  an  organization  will  enable,  the  board  to  main- 
tain a  school  in  each  of  the  several  original  districts  and  to  establish  a  central  high 
school  within  reach  of  all  the  children  prepared  therefor,  and  none  of  them  need 
to  have  farther  than'  six  miles  to  go  to  such  high  school.  The  elementary  schools 
in  the  sub-districts  may  be  properly  graded  and  have  some  supervision  by  the  princi- 
pal' of  the  high  school.  The  board  could  employ  him  with  this  in  view.  All  the  schools 
would  be  maintained  for  the  same  length  of  term  out  of  a  common  fund  derived  from 
the  same  rate  of  taxes  levied  on  the  property  of  the  entire  consolidated  district.  In 
the  event  that  the  attendance  in  any  one  of  the  sub-districts  should  fall  below  a 
certain  number  the  board  could  discontinue  that  school  and  arrange  to  have  such 
pupils  transferred  and,  if  need  be,  carried  by  conveyances  to  other  school  or  schools 
in  the  district.  There  is  nothing  in  the  law  to  prevent  such  an  organization.  It  has 
been  tried  in  other  states.  It  is  practical,  especially  in  populous  sections  of  our 
state  and  more  especially  where  good  roads  are  provided  or  shall  be  provided.  The 
advantages  summed  up  in  a  few  words  are:  equal  taxation;  equal  privileges  for  the 
children  in  length  of  term,  efficiency  of  teachers,  and  proper  grading;  all  children 
having  opportunity  of  a  good  high  school  with  free  tuition;  ecpnomy  of  teaching  force 
by  collecting  together  a  sufficient  number  of  advanced  pupils  to  justify  the  employ- 
ment of  a  good  teacher  and  in  closing  out  the  elementary  schools  with  small  at- 
tendance. 

NEW  SECTION.  Permitting  certain  schools  to  consolidate. — Three 
or  more  common  school  districts,  or  a  village  district  having  less  than 
two  hundred  (200)  children  of  school  age  by  last  enumeration,  together 
with  two  or  more  adjoining  districts,  may  be  consolidated  into  a  new  dis- 
trict for  the  purpose  of  maintaining  both  primary  schools  and  a  high  school 
by  proceedings  had  in  accordance  with  the  provisions  of  section  9742  of 
article  i,  chapter  154  of  the  Revised  Statutes  of  1899.  When  such  new 
S  L-3 


34 

district  is  formed  it  shall  be  known  as  "Consolidated  district  No.   .  .   of 

county,"  and  shall  organize  at  a  special  meeting  within  fifteen 

days  after  the  formation  thereof;  such  organization  and  the  government 
of  such  consolidated  district  shall  be  under,  and  in  compliance  with,  the 
laws  governing  city,  town  and  village  school  districts  as  provided  in  ar- 
ticle 2,  chapter  154  of  the  Revised  Statutes  of  1899.  (Session  Acts  1901.) 

This  law  enables  three  or  more  school  districts,  one  of  which  may  be  a  village  dis- 
trict with  six  directors,  to  unite  and  form  a  new  district.  This  must  be  'done  at  the 
annual  school  meeting  by  posting  notices  as  in  case  of  change  of  boundary  line.  The 
districts  vote  separately  on  the  question  of  consolidation.  If  all  districts  affected  vote 
"for  consolidation"  the  new  district  is  formed.  If  all  of  them  vote  "against  consolida- 
tion" it  is  not  formed.  If  one  or  more  districts  vote  for  and  one  or  more  vote  against, 
the  matter  should  be  appealed  to  the  county  commissioner  and  by  him  referred  to  a 
board  of  arbitration.  The  new  district  will  be  under  the  six  director  system  and  may 
maintain  a  high  school  and  as  many  lower  grade  schools  as  the  board  of  directors 
may  determine. 

The  first  meeting  of  the  newly  created  district  should  be  called  in  the  manner 
provided  for  in  section  9748  and  when  assembled  the  organization  should  be  effected 
as  provided  for  in  section  9861. 

SEC.  9774.  Separate  schools  for  white  and  colored  children. — 
Separate  free  schools  shall  be  established  for  the  education  of  children  of 
African  descent ;  and  it  shall  hereafter  be  unlawful  in  the  public  schools 
of  this  state  for  any  colored  child  to  attend  any  white  school,  or  for  any 
white  child  to  attend  a  colored  school.  (R.  S.  1899.) 

SEC.  9775.  Schools  for  colored  children — establishment  of. — 
When  there  are  within  any  school  district  in  this  state  fifteen  or  more 
colored  children  of  school  age,  as  shown  by  the  last  enumeration,  the 
school  board  of  such  school  district  shall  be  and  they  are  hereby  author- 
ized and  required  to  establish  and  maintain  within  such  school  district  a 
separate  free  school  for  said  colored  children ;  and  the  length  of  the  school 
term  for  said  colored  children  and  the  advantages  and  privileges  thereof, 
shall  be  the  same  as  are  provided  for  other  schools  of  corresponding 
grade  within  such  school  district,  and  the  board  shall  in  all  cases  conduct, 
manage  and  control  said  school  as  other  schools  of  the  district  are  con- 
ducted, managed  and  controlled;  and  all  indebtedness  incurred  by  said 
board  in  providing  suitable  buildings,  employing  teachers  and  maintain- 
ing said  school,  shall  be  paid  for  out  of  the  appropriated  funds  of  the  dis- 
trict, upon  warrants  ordered  and  issued  in  conformity  with  the  provis- 
ions of  sections  9788  and  9789  of  this  chapter:  Provided^  there  be  no 
school  building  in  such  school  district  for  said  colored  children,  the  board 
shall  be  and  they  are  hereby  authorized  and  required  to  rent  suitable 
buildings  and  furnish  the  same,  and  all  expenses  necessarily  incurred  shall 
be  paid  out  of  the  funds  to  the  credit  of  the  building  or  incidental  funds 
of  such  school  district.  Should  any  school  board  neglect  or  refuse  to 
comply  with  the  provisions  of  this  section,  such  school  district  shall  be 


.    35 

deprived  of  any  part  of  the  public  funds  for  the  next  ensuing  school  year: 
Provided,  that  in  case  the  average  daily  attendance  of  colored  children 
for  any  one  school  month  shall  be  less  than  eight,  then  said  school  board 
may  discontinue  such  school  for  a  period  not  to  exceed  six  months  at  any 
one  time:  Provided,  that  in  cases  where  two  school  districts  join  and  in 
either  or  both  of  said  districts  the  enumeration  of  colored  children  of 
legal  school  age  is  less  than  twenty-five,  the  boards  of  directors  of  such 
districts  may  establish  a  joint  colored  school  in  either  of  said  districts, 
the  expenses  of  maintaining  said  school  to  be  borne  by  the  district  estab- 
lishing same  in  proportion  to  the  number  of  school  children  enumerated  in 
each.  The  control  of  said  school  shall  be  vested  in  the  board  of  directors 
of  the  district  in  which  the  school-house  wherein  said  colored  school  is 
maintained  is  located.  (R.  S.  1899.) 

Warrant  for  wages  of  teacher  in  colored  school  is  payable  out  of  teacher's  fund. 
Law  does  not  create  separate  fund  for  support  of  colored  schools.  64  Mo.  26.  Constitu- 
tion and  laws  providing  for  separate  schools  for  colored  children  are  not  forbidden 
by  fourteenth  amendment  to  federal  constitution;  equality,  not  identity  of  privileges, 
is  guaranteed  to  the  citizens  by  said  amendment.  103  Mo.  546.  Who  are  residents 
within  the  meaning  of  this  section.  64  A.  313. 

When  the  enumeration  taken  in  any  year  shows  that  fifteen  or  more  colored 
children  of  school  age  reside  within  the  district,  it  is  the  duty  of  the  board  of  directors 
to  establish  and  maintain  a  separate  free  school  for  the  education  of  these  children. 
The  establishment  is  not  perpetual.  Compliance  with  this  law  requires  that  the 
school  privileges  accorded  the  colored  children  shall  equal  those  enjoyed  by  the 
white  children.  The  establishment  of  a  colored  school  in  some  old  tumble-down  shed 
of  a  building,  with  little  or  no  furniture  and  situated  in  a  remote  inaccessible  part  of 
the  district,  while  the  white  children  in  the  same  district  are  provided  with  a  com- 
fortable well  furnished  school  building,  does  not  comply  with  the.  spirit  of  this  law. 
Instances  have  been  reported  in  which  it  is  claimed  that  the  enumerator  returned  a 
false  enumeration  in  order  to  avoid  the  establishment  of  a  school  for  the  colored 
children.  In  doing  this,  the  enumerator  not  only  violates  his  oath  of  office,  but  is 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  $100.00.  See  section  9770. 

For  failure  to  establish  a  colored  school  when  fifteen  colored  children  are  enum- 
erated in  the  district,  the  district  forfeits  all  public  funds  due  it,  and  the  board  of 
directors  may  be  removed  from  office  for  neglect  of  duty.  In  a  district  having  estab- 
lished a  colored  school,  if  the  enumeration  of  colored  children  falls  below  fifteen, 
the  school  may  be  discontinued.  The  board  also  has  authority  to  discontinue  the 
school  for  a  period  of  six  months  when  the  average  daily  attendance  for  any  one 
month  falls  below  eight.  Should  a  school  be  discontinued  for  this  reason,  it  must  be 
reopened  at  the  expiration  of  six  months  unless  the  white  school  in  the  district  has 
closed  in  the  meantime,  in  which  event  the  colored  school  need  not  be  reopened  dur- 
ing the  current  school  year. 

There  is  no  authority  for  setting  aside  a  certain  sum  of  money  to  maintain  the 
colored  school.  The  expense  of  maintaining  the  colored  school  must  be  paid  in  the 
same  manner  and  out  of  the  same  funds  drawn  upon  to  sustain  the  white  school. 

This  encourages  adjoining  districts,  each  having  an  enumeration  of  colored  chil- 
dren less  than  twenty-five,  to  consolidate  their  school  for  colored  children. 

The  fact  that  colored  children  have  to  go  farther  to  attend  school  than  white 
children  does  not  furnish  a  substantial  ground  of  complaint  on  the  part  of  the  former. 
183  Mo.  546. 

SEC.  9776.  Colored  children,  right  to  attend  other  schools  in  the 
county. — When  the  number  of  colored  children  of  school  age  residing 


36 

in  any  school  district,  as  shown  by  the  last  enumeration,  shall  be  less  than 
fifteen,  they  shall  have  the  privilege  and  are  entitled  to  attend  school  in 
any  district  in  the  county  wherein  a  school  is  maintained  for  colored 
children,  and  the  school  board  of  the  district  in  which  such  colored  chil- 
dren reside  shall  reserve  a  sufficient  amount  from  the  teachers'  fund  of 
such  district  to  pay  the  expense  thus  incurred  for  such  school  year ;  but 
such  colored  children  shall  only  be  entitled  to  attend  school  for  the  same 
length  of  time  that  other  schools  of  the  district  in  which  they  reside  are 
maintained;  and  at  the  end  of  the  school  term,  the  school  board  of  the 
district  in  which  such  children  may  have  attended  school  shall  make  out 
and  forward  to  the  school  board  of  the  district  in  which  such  children  re- 
side an  account  showing  the  amount  due  for  said  colored  children,  said 
amount  to  be  equal  to  the  pro  rata  expense  of  such  attendance,  the  same 
to  be  prorated  according  to  the  amount  paid  for  teachers'  wages  and  in- 
cidental expenses  during  such  school  term ;  and  the  school  board  of  the 
district  in  which  such  children  reside  shall  issue  an  order  on  the  county 
or  township  treasurer  to  transfer  said  amount  to  the  credit  of  the  teach- 
ers' fund  of  the  district  in  which  said  children  attended  school.  Any 
school  board  neglecting  or  refusing  to  comply  with  the  provisions  of  this 
section  shall  be  held  individually  responsible  for  the  amount  due  the  dis- 
trict in  which  said  colored  children  attended  school.  (R.  S.  1899.) 

This  section  gives  colored  children  of  school  age,  residing  in  a  school  district 
not  containing  the  requisite  enumeration,  the  right  to  attend  any  colored  school  in 
the  county.  This  section  imposes  tv/o  duties  upon  the  board  of  the  district  in  which 
the  colored  children  reside:  (1)  "to  reserve  a  sufficient  amount  from  the  teachers' 
fund  of  such  district  to  pay  the  expenses  thus  incurred;"  (2)  "to  issue  an  order  on 
the  county  or  township  treasurer  to  transfer  said  amount  to  the  credit  of  the  teachers' 
fund  of  the  district  in  which  said  children  attended  school."  The  section  imposes  one 
duty  upon  the  district  in  which  the  colored  children  attend,  as  follows:  "To  make 
out  and  forward  to  the  school  board  of  the  district  in  which  the  children  reside,  an 
account  showing  the  amount  due  for  said  colored  children."  It  should  be  nojed  that 
the  colored  children  are  only  entitled  to  attend  school  during  the  time  that  the  other 
schools  in  the  district  in  which  they  reside  are  maintained;  that  is,  if  there  is  only 
a  five-months'  school  in  the  country  district  in  which  the  colored  children  reside, 
they  are  permitted  to  attend  but  five  months  in  the  district  maintaining  a  colored 
school,  even  though  that  district  should  maintain  an  eight-months'  school.  To  find  the 
amount  due  the  school  in  which  the  colored  pupils  attend,  it  is  necessary  to  ascer- 
tain the  cost  per  colored  pupil  per  day,  and  multiply  this  by  the  number  of  days  at- 
tended by  the  colored  children  residing  without  the  district.  TUs  is  what  is  meant 
by  "pro  rata  expenses  of  such  attendance,  the  same  to  be  prorated  according  to  the, 
amount  paid  for  teachers'  wages  and  incidental  expenses  during  such  school  term." 
Note  that  "the  school  board  in  the  district  in  which  such  children  may  have  attended" 
shall  forward  the  account  against  the  other  district  "at  the  end  of  the  school  term." 
Fjr  a  failure  to  pay  the  account,  if  found  correct,  the  members  of  the  boar/i  of 
directors  to  which  the  account  is  presented  become  personally  liable  for  the  amount. 
Failure  to  present  the  account  at  close  of  school  does  not  forfeit  the  claim.  The 
account  may  be  collected  at  any  time  within  five  years  after  it  becomes  due. 

SEC.  9777.    Increase  of  tax  levy  for  maintaining  schools. — When- 
ever it  shall  become  necessary,  in  the  judgment  of  the  board  of  directors 


37 

of  any  school  district,  or  boards  of  trustees  or  boards  of  education  of 
any  city,  town  or  village  in  this  state,  to  increase  the  annual  rate  of  taxa- 
tion for  school  purposes,  or  when  any  five  resident  tax-payers  of  such  dis- 
trict shall  petition  such  board,  in  writing,  that  they  desire  an  increase  in 
the  rate  of  taxation,  such  board  shall  determine  the  rate  of  taxation  nec- 
essary to  be  levied  in  such  district  within  the  maximum  rates  prescribed 
by  the  constitution  for  such  purposes,  and  shall  submit  to  the  voters  of 
said  city,  town,  village  or  other  school  district,  who  are  tax-payers  of  such 
city  town,  village  or  other  school  district  at  an  election  to  be  by  such 
board  called  and  held  for  that  purpose  at  the  usual  place  of  holding  elec- 
tions for  members  of  such  board,  whether  the  rate  of  taxation  shall  be 
increased  as  proposed  by  said  board,  due  notice  having  been  given  as  re- 
quired by  section  9779 ;  and  if  a  majority  of  the  voters  who  are  tax-pay- 
ers voting  at  such  election  shall  vote  in  favor  of  such  increase,  the  result 
of  such  vote,  and  the  rate  of  taxation  so  voted  in  such  district  shall  be 
certified  by  the  clerk  or  secretary  of  such  board  or  district  to  the  clerk 
of  the  county  court  of  the  proper  county,  who  shall,  on  the  receipt  thereof, 
proceed  to  assess  and  carry  out  the  amount  so  returned  on  the  tax-book 
on  all  the  taxable  property,  real  and  personal,  of  such  city,  town  or  village, 
or  other  school  district,  as  shown  by  the  last  annual  assessment  for  state 
and  county  purposes,  including  all  statements  of  merchants  provided  by 
law.  (R.  S.  1899.) 

Whenever  a  board  deems  it  necessary  or  is  petitioned  by  five  resident  tax-payers, 
it  shall  determine  the  increase  of  levy  for  school  purposes.  Proper  notice  having  been 
given  under  section  9779,  the  proposition  is  voted  upon,  and  is  carried  '-if  a  majority  of 
the  voters  who  are  tax-payers  voting  at  such  election  shall  vote  in  favor  of  such 
increase."  Note  that  tax-payers  and  not  (jtuilified  voters  are  spoken  of.  A  tax-payer 
is  one  who  owns  either  real  or  personal  property  liable  to  assessment  and  taxation. 
Observe  that  only  a  majority  and  not  a  two-thirds  majority  is  required;  also,  that 
it  is  a  majority  of  the  tax-payers  "voting  at  such  election,"  and  not  a  majority  of 
the  tax-payers  of  the  district.  For  limitation  of  taxation,- see  article  10,  section  11, 
Missouri  Constitution,  and  section  9844. 

For  majority  of  voters  voting  at  such  election  see  35  Mo.  103,  and  73  Mo.  435. 

The  provisions  of  the  Constitution  limiting  the  rate  of  taxation  does  not  require 
legislative  action  to  enforce  it,  and  goes  into  effect  at  once,  notwit'hstanding  the 
proviso  allowing  the  rate  to  be  increased  by  legislative  action  and  a  specified  popular 
vote.  62  Mo.  444. 

SEC.  9778.  For  erecting  school-house. — Such  board  of  education 
or  school  boards  of  any  city,  town  or  village,  or  board  of  directors  of  any 
school  district  in  this  state,  shall,  whenever  it  shall  become  necessary,  in 
their  judgment,  or  be  requested  by  a  petition  of  ten  tax-payers  of  any 
school  district,  city,  town  or  village,  to  increase  the  annual  rate  of  taxation 
for  the  pvrpose  of  erecting  school  buildings  in  such  district,  determine 
the  rate  of  taxation  necessary  to  be  levied  within  the  maximum  rates  pre- 
scribed by  the  constitution,  and  as  therein  limited  for  such  purposes,  and 
shall  submit  to  the  voters  of  districts  formed  of  cities,  towns  and  villages, 


38 

or  other  school  district,  at  an  election  to  be  by  such  board  called  and  held 
for  that  purpose,  at  the  usual  place  for  holding  elections  for  members  of 
such  board,  whether  the  rate  of  taxation  shall  be  increased  as  proposed 
by  said  board  for  erecting  school  building,  due  notice  having  been  given 
as  required  by  section  9779,  and  if  two-thirds  of  the  qualified  voters  of 
such  school  district,  or  of  such  city,  town  or  village  forming  a  school 
district,  voting  at  such  election,  shall  vote  in  favor  of  such  increase  for 
the  purpose  aforesaid  the  result  of  such  vote  and  the  rate  of  taxation  so 
voted  shall  be  certified  by  the  secretary  or  clerk  of  such  board  to  the 
clerk  of  the  county  court  of  the  proper  county,  who  shall  on  the  receipt 
thereof,  proceed  to  assess  the  amount  so  returned  for  building  purposes 
on  all  the  taxable  property,  both  real  and  personal,  of  such  city,  town  or 
village  forming  such  school  district  or  other  school  district  as  shown  by 
the  last  annual  assessment  for  state  and  county  purposes,  including  all 
statements  of  merchants  as  is  provided  by  law.  (R.  S.  1899.) 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  ten  tax-payers  of  the 
district,  it  shall  determine  the  rate  to  be  levied  for  building  purposes,  notice  having 
been  given  in  accordance  with  section  9779.  The  proposition  is  carried  "if  two-thirds  of 
the  qualified  voters  of  such  school  district  voting  on  the  proposition  shall  vote  in 
favor  of  such  increase."  Note  that  tico-thirds  of  the  qualified  voters,  and  not  a 
majority,  is  required.  Observe  also  that  it  is  two-thirds  of  those  voting  at  the  election ; 
that  is,  two-thirds  of  the  votes  cast  at  the  election,  and  not  two-thirds  of  the  qualified 
voters  of  tJie  district.  For  limitation  of  levy  for  building  purposes,  see  article  10,  section 
11,  Missouri  Constitution;  also,  section  9844.  A  building  levy  should  be  used  for  pur- 
chase of  site,  erection  of  house  and  furnishing  the  same.  All  permanent  improvements 
should  be  made  from  the  building  fund  rather  than  from  the  incidental  fund,  such  as 
building  a  fence,  digging  a  cistern,  erecting  outhouses  and  seating  school-room. 

The  act  (Laws  1885,  p.  230)  authorizing  an  increase  in  the  levy  of  school  taxes 
for  building  purposes  on  the  apportionment  of  the  valuation  of  a  railroad  company's 
roadbed  and  rolling-stock,  and  empowering  the  county  court  to  take  into  consideration 
the  rate  of  increase  for  such  purposes,  made  in  districts  through  which  the  railroad 
does  not  run,  in  fixing  the  rate  to  be  levied,  is  constitutional.  97  Mo.  496. 

SEC.  9779.  Notice  of  election  for  increase  of  tax. — The  elections 
authorized  in  sections  9777  and  9778  may  be  held  at  an  annual  meeting, 
or  at  a  special  meeting  called  and  held  for  that  purpose.  Said  board  of 
directors  or  boards  of  education  calling  such  election  shall  cause  at  least 
fifteen  days'  public  notice  to  be  given  of  the  time  and  place  of  holding 
such  election  or  elections,  and  the  purposes  for  which  it  is  held,  by  publi- 
cation in  some  newspaper  published  in  such  city,  town  or  village  forming 
such  school  district  or  other  school  district ;  and  if  no  newspaper  is  pub- 
lished in  such  school  district,  then  by  five  written  or  printed  hand-bills, 
posted  in  five  of  the  most  public  places  in  such  district.  (R.  S.  1899.) 

SEC.  9780.  Special  meetings. — Special  school  meetings  for  the 
transaction  of  business  authorized  by  this  chapter,  and  not  restricted  to 
the  annual  meeting  or  otherwise  provided  for,  shall  be  called  by  the 
board  when  a  majority  of  the  qualified  voters  of  the  district  sign  a 


30 

petition  requesting  the  same,  and  designating  therein  the  purpose  for 
which  said  meeting  is  desired.  Upon  the  reception  of  such  petition,  the 
board  shall  call  said  special  meeting  and  require  the  district  clerk  to 
post  notices  in  five  public  places  within  the  district  for  fifteen  days  prior 
to  the  day  of  said  meeting,  setting  forth  the  time,  place  and  purpose  of 
the  same;  and  when  assembled,  the  meeting  shall  be  organized  by  the 
election  of  a  chairman  and  a  secretary,  who  shall  keep  a  correct  record 
of  the  transactions  of  the  meeting,  said  record  to  be  signed  by  the  secre 
tary,  attested  by  the  chairman,  and  filed  with  the  district  clerk,  who  shall 
enter  the  same  upon  the  records  of  the  district ;  but  said  meeting  shall 
have  no  power  to  act  upon  any  proposition  not  contained  in  the  petition 
and  submitted  in  the  notices.  (R.  S.  1899.) 

Boards  of  directors  have  no  authority  to  call  special  meetings,  unless  properly 
petitioned  by  a  majority  of  qualified  voters  of  district.  114  Mo.  641.  Special  meet'ng 
may  be  called  for  purpose  of  continuing  school  beyond  period  required  by  constitu- 
tion. 27  A.  36. 

Note  that  special  school  meetings  shall  be  called  by  the  board  "when  a  ma- 
jority of  the  qualified  voters  of  the  district  s:gn  a  petition  requesting  the  same,  and 
designating  therein  the  purpose  for  which  said  meeting  is  desired." 

The  special  meeting  when  called  can  vote  only  on  the  propositions  set  forth  in 
the  petition  and  notices.  Of  the  items  under  9750,  the  following  are  "restricted  to  the 
annual  meeting  or  otherwise  provided  for:"  item  2  (election  of  directors);  item  3 
(filling  of  vacancy  in  board),  restricted  to  the  annual  meeting  by  section  9759;  item  4 
(increase  of  levy  for  school  purposes),  otherwise  provided  for  by  section  977.7;  item  8 
(change  of  boundary),  restricted  to  the  annual  meeting  by  section  9742;  item  8  (election 
of  commissioner),  restricted  to  annual  meeting  by  section  9803;  item  9  (levy  for  build- 
ing purposes),  otherwise  provided  for  by  section  9778.  The  following  items  under  9750 
are  ''not  restricted  to  the  annual  meeting  or  otherwise  provided  for,"  and,_  therefore, 
may  be  acted  upon  at  a  special  meeting  called  under  section  9780;  item  4  (increase  of 
school  term);  item  5  (to  vote  sum  for  library);  item  7  (sale  of  school  property  no 
longer  needed  for  use  of  district);  item  10  (location  of  school-house  site);  item  11 
(change  of  school-house  site). 

The  law  does  not  limit  the  number  of  times  a  proposition  may  be  submitted  to 
the  legal  voters  of  a  school  district.  A  proposition  not  restricted  to  the  annual 
meeting  nor  "otherwise  provided  for"  may  be  submitted  as  often  as  a  majority  of 
the  qualified  voters  of  the  district  will  sign  a  petition  requesting  that  a  special  meet- 
ing be  called,  and  designating  the  purpose  for  which- such  special  meeting  is  desired. 
Upon  reception  of  such  petition,  the  board  of  directors  must  call  the  meeting. 


FORM   OF   PETITION   FOR  SPECIAL    SCHOOL   MEETING. 
We,  the  undersigned,  a  majority  of  the  qualified  voters  residing  in  school  district 

No.  — ,  township  No.  — ,  range  No.  — ,  county  of ,  State  of  Missouri,  desire  that  a 

special   meeting  of  the  qualified  voters  of  said  district  be  called  for  the  purpose  of 


FORM  FOR  NOTICE   OF  SPECIAL  SCHOOL  MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  — ,  township  No.  — , 
range  No.  — ,  county  of  -  — ,  and  State  of  Missouri,  that  in  conformity  with  the 
petition  of  a  majority  of  the  resident  voters  of  said  district,  a  special  school  meeting 

will  be  held  at ,  in  said  district,  on  the  —  —  day  of ,  190—,  commencing  at 

2  o'clock  p.  m.,  for  the  following  purposes,  viz.: 

Done  by  order  of  the  board,  this  day  of  ,  190—. 


District   Clerk. 


NOTE— The  above  notice  should  state  distinctly  the  purpose  for  which  the  meet- 
ing is  called,   and  should  be  posted  fifteen  days  before  the  day  set  for  the  meeting. 


40 

SEC.  9781.  School  day,  week,  month  and  year. — The  school  day 
shall  consist  of  six  hours  occupied  in  actual  school  work ;  the  school  week 
shall  consist  of  five  school  days,  except  when  Thanksgiving"  day,  Decem- 
ber 25,  February  22  or  July  4  shall  fall  upon  a  regular  school  day,  then 
the  four  remaining  school  days,  if  taught,  shall  constitute  a  legal  school 
week ;  the  school  month  shall  consist  of  four  weeks ;  and  the  school  year 
shall  commence  on  the  first  day  of  July  and  end  on  the  thirtieth  day  of 
June  following.  (R.  S.  1899.) 

By  long  established  custom,  a  great  majority  of  our  rural  schools  divide  the 
school  day  as  follows:  9:00,  opening;  a  ten  minute  recess  middle  of  forenoon;  12:00 
to  1:00,  noon;  1:00,  opening  of  afternoon  session;  a  ten  minute  recess  middle  of  after- 
noon; 4:00,  dismissal. 

Concensus  of  opinion  approves  this  plan  as  best  for  children.  The  phrase  "Six 
hours  occupied  in  actual  school  work"  has  reference  to  work  by  the  teacher  in  and 
about  the  school  room.  The  above  programme  fulfills  the  requirement.  For,  from  tho 
nature  of  the  case,  the  full  time  of  the  teacher  is  occupied  during  the  forenoon  and 
afternoon  recesses  in  looking  after  the  heating,  ventilation  and  innumerable  other 
matters  of  detail  which  cannot  be  attended  to  except  when  the  greater  number  of 
children  are  at  liberty.  But  this  is  "actual  school  work."  In  most  of  the  well  organized 
city  and  town  schools  the  children  of  the  higher  grades  are  engaged  in  study  and 
recitation  about  five  hours  daily;  the  smaller  children  a  much  shorter  time.  Counting 
work  in  and  about  the  school  before  9  a.  m.,  at  noon,  and  after  4  p.  m.,  good  teachers 
in  good  schools  usually  spend  from  seven  to  nine  hours  daily  in  "actual  school  work." 
This  they  do  voluntarily  and  cheerfully— at  times  overruling  the  protests  of  the  janitor. 

There  are  no  legal  school  holidays  except  those  specified  in  this  section.  General 
election  day  and  New  Year's  day  are  not  legal  school  holidays. 

Many  schools  have  adopted  the  Monday  holiday,  and  teach  on  Saturday.  The 
state  superintendent  will  try  to  visit  each  county  in  the  state  once  every  two  years. 
He  would  be  glad  if  directors  and  teachers  would  agree  to  take  a  day  off  and  meet  him 
on  such  occasions  to  discuss  with  him  some  important  school  questions.  A  day  so 
spent  will  not  be  lost.  There  is  nothing  in  law  to  prevent  such  suspension,  and  to 
prevent  the  board's  paying  teacher  for  that  day. 

SEC.  9782.  Arbor  day  set  apart.— The  first  Friday  after  the  first 
Tuesday  in  April  of  each  year  is  hereby  set  apart  as  Arbor  day  for  this 
state  and  all  teachers,  pupils  and  patrons  are  requested  to  observe  the 
same  in  their  respective  school  districts  by  encouraging  the  planting  of 
trees,  shrubbery  and  flowers  upon  and  around  the  school  grounds  of  their 
district,  that  said  grounds  may  be  rendered  pleasant  and  attractive — a 
part  of  said  day  to  be  devoted  to  literary  exercises  having  special  refer- 
ence to  the  work  in  hand,  as  the  teacher  or  committee  in  charge  may 
direct,  and  the  afternoon  to  be  devoted  to  the  improvement  and  ornamen- 
tation of  the  school  grounds.  (R.  S.  1899.) 

Sec.  9782.  Arbor  day  properly  observed  will  cultivate  good  taste  and  sentiment. 
The  planting  of  trees,  shrubs  and  flowers,  and  giving  them  proper  cultivation  should 
be  regarded  by  teachers  and  pupils  as  a  privilege.  The  school  premises  have  a  great 
educating  influence.  The  directors  should  see  to  it  that  the  school  grounds  are  fully 
supplied  with  trees  and  grasses. 

The  shrubs  and  flowers  and  little  experimental  garden  belong  properly  to  the 
teachers  and  pupils.  Arbor  day  is  only  a  day  for  special  culture  by  means  of  these 
things.  The  trees,  shrubs,  grasses  and  flowers  should  be  well  kept  all  the  year  round. 
The  school-house  and  grounds  should  constitute  the  culture  center  of  each  district. 


41 

They  should  be  so  kept  as  to  exercise  a  wholesome  influence  on  the  children  of  the 
district  all  the  year  round.  Recollections  of  the  library,  the  clean  floors  and  furniture, 
the  well  kept  lawn,  the  shade  trees  and  flower  beds,  should  be  made  green  spots  in 
memory  for  all  time  to  come.  In  fact,  the  school-house  and  grounds  and  everything 
connected  therewith  should  be  as  inviting  as  the  best  home  in  the  district. 

SEC.  9783.  Penalty  for  injuring  school  property  or  failure  to  per- 
form official  duty. — Every  person  who  shall  willfully  injure  or  destroy 
any  building  used  as  a  school-house,  or  for  other  educational  purposes, 
or  any  furniture,  fixtures  or  apparatus  thereto  belonging,  or  who  shall 
deface,  mar  or  disfigure  any  such  building,  furniture  or  fixture,  by  writ- 
ing, painting,  cutting  or  pasting  thereon  any  likeness,  figures,  words  or 
devices,  shall  be  fined  in  a^sum  double  the  amount  of  damage  done  to  any 
such  building,  furniture  or  apparatus,  and  shall  be  fined  in  a  sum  not 
less  than  ten  nor  more  than  fifty  dollars  for  each  offense,  for  writing, 
painting,  cutting  or  pasting  on  any  such  building,  furniture  or  fixtures, 
any  such  words,  figures,  likeness  or  device,  to  be  recovered  by  civil  pro- 
ceedings in  any  court  of  competent  jurisdiction,  in  the  name  and  to  the 
use  of  the  school  district  to  which  the  property  may  belong;  and  the  pun- 
ishment provided  in  this  section  to  be  in  addition  to  and  not  in  lieu  of 
the  punishment  provided  by  the  statute  regulating  crimes  and  punishments 
for  such  offenses.  Any  district  or  county  clerk,  county  commissioner, 
county  treasurer,  school  director  or  other  officer,  who  shall  willfully  neg- 
lect or  refuse  to  perform  any  duty  or  duties  pertaining  to  his  office  under 
this  chapter  shall  be  regarded  as  guilty  of  a  misdemeanor,  and  subject 
to  a  fine  of  not  more  than  one  hundred  dollars,  to  be  recovered  in  any 
court  of  law  in  this  state  having  competent  jurisdiction.  (R.  S.  1899.) 

This  section  imposes  a  penalty,  (1)  for  injuring  school  property;  (2)  for  failure  to 
perform  official  duty.  Observe  in  each  case  the  word  ''willful."  "To  sustain  a  charge 
of  misdemeanor  in  office,  it  must  "be  confined  to  official  conduct',  that  conduct  must  Ite  shown 
to  have  been  willfully  corrupt."  41  Mo.  210.  The  word  willfully  as  used  in  this  section 
means  intentionally,  and  knowingly. 

For  full  information  as  to  how  to  proceed  in  misdemeanor  cases,  before  justices 
of  the  peace,  see  article  12.  p.  706  of  the  Revised  Statutes  of  1899.  Disturbance  of  the 
school  may  be  punished  as  prescribed  in  section  2160,  Revised  Statutes,  1899. 

SEC.  9784.  Duties  of  district  clerk.— -The  district  clerk  shall  keep 
a  record  of  the  proceedings  of  all  annual  and  special  meetings  of  the 
qualified  voters  of  the  district;  also,  the  proceedings  of  the  board  of 
directors.  He  shall  make  copies  of  the  election  notices,  contracts  with 
teachers,  certificates  and  all  other  papers  relating  to  the  business  of  the 
district,  and  securely  keep  the  same.  He  shall  transmit  to  the  county  com- 
missioner, on  or  before  the  fifteenth  clay  of  July  in  each  year,  a  report 
embracing  the  following  items :  First,  the  number  of  children,  male  and 
female,  white  and  colored,  attending  the  public  schools  during  the  year  ; 
second,  total  number  of  days  attendance  by  all  such  children  ;  third,  the 
number  of  days  the  public  schools  of  the  district  have  been  maintained 


42 

during  the  school  year;  fourth,  the  number  of  teachers  employed,  male 
and  female,  and  the  wages  per  month  of  each;  fifth  the  number  of 
school-rooms  occupied  in  the  district  and  the  number  of  children  that 
may  be  seated  in  the  same;  sixth,  estimated  value  of  school  property 
owned  and  managed  by  the  district ;  seventh,  assessed  valuation  of  the  dis- 
trict ;  eighth,  rate  of  school  tax  on  the  assessed  valuation  of  the  district ; 
ninth,  cash  on  hand  at  the  beginning  of  the  year;  tenth,  tuition  fees  re- 
ceived and  credited  to  the  teachers'  fund  of  the  district;  eleventh,  public 
funds  received  by  county  treasurer;  twelfth,  district  tax  received  by 
county  (or  township)  treasurer;  thirteenth,  amount  paid  on  teachers' 
wages ;  fourteenth,  amount  paid  for  incidental  expenses ;  fifteenth,  amount 
expended  for  purchasing  site,  erecting  school-houses,  rent  and  repairs ; 
sixteenth,  amount  expended  in  canceling  bonded  indebtedness  and  paying 
interest  on  same;  seventeenth,  amount  expended  for  library;  eighteenth, 
cash  on  hand  at  the  end  of  the  year.  (R.  S.  1899.) 

30  A.  641;  48  A.  408;  58  A.  658.  District  clerk  should  enter  upon  records  of  district 
an  exact  copy  of  record  of  annual  meeting  as  kept  by  secretary;  but,  should  he  fail  to 
do  so,  his  record  is  admissible  in  evidence.  54  A.  31. 

This  section  makes  it  the  duty  of  the  district  clerk  (1)  "to  keep  a  record  of  the 
proceedings  of  all  annual  and  special  meetings;"  (2)  "of  the  proceedings  of  the  board 
of  directors;"  (3)  he  shall  make  copies  of  the  election  notices,  contracts  with  teachers, 
certificates  and  all  other  papers  relating  to  the  business  of  the  district,  and  securely 
keep  the  same;  (4)  to  "Transmit  to  the  county  commissioner  on  or  before  the  fifteenth 
day  of  July  in  each  year  a  report."  The  record  of  the  annual  and  special  school 
meetings  is  of  special  importance.  It  is  the  only  official  evidence  of  these  proceedings. 
Grave  questions  are  settled  at  these  school  meetings— directors  elected,  levies  made 
for  school  purposes  and  for  building  purposes,  and  school  bonds  voted.  Remember  that 
the  record  of  the  district  clerk  obtained  from  the  secretary  of  the  meeting  is  the 
only  official  and  legal  evidence  of  these  transactions.  The  financial  statement  to  the 
annual  meeting  under  section  9795  should  be  carefully  recorded. 

Again,  how  important  it  is  that  the  proceedings  of  the  board  of  directors  be 
carefully  recorded!  This  record  is  the  only  legal  evidence  as  to  whether  a  teacher  was 
elected  or  a  contract  let.  But  no  duty  of  the  district  clerk  is  more  important  than  that 
of  transmitting  a  correct  report  to  the  county  commissioner,  embracing  every  item  in 
the  blank  report  prepared  by  the  state  superintendent.  This  report  is  due  from  the 
district  clerk  "on  or  before  the  fifteenth  day  of  July  in  each  year."  The  law  specifies 
that  it  must  be  made  on  or  before,  July  15.  This  does  not  mean  the  last  of  July  or 
any  time  during  August  or  September,  as  many  district  clerks  seem  to  think.  If  the 
district  clerks  do  not  make  their  reports  promptly,  how  can  the  county  commissioner 
make  his  report  promptly  to  the  state  superintendent?  As  late  as  November,  we  urge 
a  county  commissioner  to  send  in  his  report.  He  replies  that  some  district  clerks 
have  so  far  failed  to  make  their  reports  to  him.  Boards  of  directors  should  dismiss 
such  inefficient  clerks.  Note  also  from  section  9761  that  no  clerk  shall  receive  his 
compensation  until  his  report  is  made.  Board  should  not  allow  the  clerk  any  pay 
until  he  shows  receipt  from  the  county  commissioner  that  his  report  is  accepted. 
This  should  be  enforced  strictly.  This  report  cannot  be  made  before  the  first  day  of 
July  because  the  school  year  does  not  end  till  the  30th  day  of  June.  You  will  notice 
(section  9850)  that  it  is  between  July  1  and  July  15  thfct  the  county  treasurer  settles 
with  the  county  clerk,  thus  arriving  at  the  data  for  the  financial  statement  of  each 
district  of  the  county,  showing  the  receipts  and  disbursements.  Duties  of  district 
clerks  discussed.  89  Mo.  23. 


43 

SEC.  9785.  County  commissioner  to  furnish  necesrary  blanks  to 
school  officers. — All  necessary  blanks  required  by  school  officers  shall 
be  furnished  by  the  state  superintendent  to  the  county  commissioners, 
who  shall  immediately  upon  the  receipt  of  the  same,  supply  the  clerk  of 
each  district  in  their  respective  counties  with  the  same,  the  form  of  such 
blanks  to  be  determined  and  indicated  by  the  state  superintendent  as  pro- 
vided by  law ;  and  all  necessary  expenses  incurred  by  the  commissioner 
for  postage  and  stationery  in  supplying  the  districts  of  his  county  with 
blanks,  laws,  reports  and  circulars  of  information  shall  be  paid  for  an- 
nually out  of  the  county  treasury,  upon  an  order  from  the  county  court, 
based  upon  an  itemized  statement  of  the  commissioner,  accompanied  by 
corresponding  vouchers.  (R.  S.  1899.) 

The  state  superintendent  prepares  blanks  and  expresses  them  to  county  commis- 
sioners every  year  in  February  with  the  request  that  they  be  sent  immediately  to  the 
clerks.  In  doing  this,  the  commissioner  incurs  certain  expenses  for  postage  and  sta- 
tionery. When  he  purchases  postage  or  stationery,  he  should  take  a  receipt.  This 
is  his  voucher.  He  should  present  to  the  county  court,  at  its  quarterly  sessions,  an 
itemized  statement  of  his  expenses  for  postage  and  stationery,  accompanied  by  the 
vouchers.  It  is  the  duty  of  the  county  court  to  allow  all  such  accounts. 

The  blanks  printed  under  the  direction  of  the  state  superintendent  and  sent 
out  are  as  follows:  (1)  Notice  of  Annual  Meeting;  (2)  Treasurer's  Financial  State- 
ment; (3)  Estimate  to  County  Clerk;  (4)  Enumeration  List;  (5)  Teacher's  Contract; 
(6)  Teacher's  Monthly  Report;  (7)  Teacher's  Term  Report,  including  individual  pupils' 
reports;  (8)  District  Clerk's  Report  to  County  Commissioner;  (9)  County  Commis- 
sioner's Report  to  State  Superintendent;  (10)  Teacher's  Blank  Certificate;  (11)  School 
Warrants;  (12)  Pupils'  Certificates  of  graduation. 

SEC.  9786.  District  clerk  to  procure  record  book  and  teacher's 
register. — It  shall  be  his  duty  to  procure  the  necessary  record  books 
for  the  proper  transaction  of  the  duties  of  his  office ;  also  to  procure  and 
furnish  to  each  teacher  a  school  register,  properly  ruled,  headed  and 
classified,  to  exhibit  the  following :  The  names,  ages  and  studies  pursued 
by  all  pupils  attending  the  school,  the  date  of  their  entrance,  daily  attend- 
ance and  absence,  and  the  date  of  the  visitation  of  the  school  by  the  direc- 
tors or  patrons,  and  such  other  facts  as  the  state  superintendent  may  re- 
quire— the  above  to  be  paid  for  out  of  the  moneys  used  to  defray  the  inci- 
dental expenses  of  the  district.  (R.  S.  1899.) 

In  the  district  clerk's  record  book  are  recorded  the  proceedings  of  annual  and 
special  meetings  of  the  board  of  directors,  copies  of  election  notices,  contracts  with 
teachers,  etc.,  in  accordance  with  section  9784.  This  book  should  contain  three  or  four 
quires  of  paper.  District  clerk  must  procure  a  register  for  the  teacher.  This  is  not 
optional,  and  the  teacher  should  take  special  pains  to  use  this  register  to  the  best  ad- 
vantage. Section  9800. 

SEC.  9787.  Notice  of  special  meetings. — It  shall  be  the  duty  of 
the  district  clerk  to  post  all  notices  required  by  law  when  duly  ordered 
by  the  board,  for  any  annual  or  special  school  meeting,  also  those  required 
by  law  to  be  posted  by  the  district  clerk  without  such  order  of  the  board ; 


44 

and   all  such  notices  shall  be  posted  in  five  public  places  within  the  dis- 
trict, for  fifteen  days  prior  to  the  day  of  such  meeting.     (R.  S.  1899.) 

Change  of  boundary  of  district;  duty  of  clerk  as  to  notices.  SO  Mo.  23.  Sufficiency 
of  notice.  54  A.  31. 

Special  meetings  are  those  provided  for  by  sections  9752,  9777,  9778  and  97SO.  It  is 
supposed  that  all  qualified  voters  should  take  notice  of  the  annual  meeting  without 
notices  being  posted,  but  it  has  become  customary  to  post  notices  for  annual  meet- 
ings as  well  as  for  special  meetings,  as  it  often  happens  that  special  propositions  re- 
quiring notice  are  voted  on  at  the  annual  meeting.  Propositions  requiring  notices  for 
the  annual  meeting  should  be  considered  as  if  .submitted  at  a  special  meeting.  In  other 
words  the  annual  meeting  becomes  a  special  meeting  when  it  considers  anything  not 
specifically  designated  as  belonging  thereto.  The  district  clerk  may  be  proceeded 
against  under  section  9783  for  failure  to  perform  his  duty. 

SEC.  9788.  Payment  of  district  indebtedness. — Upon  the  order 
of  the  board  of  directors,  it  shall  be  the  duty  of  the  district  clerk  to  draw 
warrants  on  the  county  treasurer  in  favor  of  any  party  to  whom  the  dis- 
trict has  become  legally  indebted,  either  for  services  as  teacher,  for  ma- 
terial purchased  for  the  use  of  the  school,  or  material  or  labor  in  the  erec- 
tion of  a  school-house  for  said  district — the  said  warrant  to  be  paid  out 
of  any  moneys  in  the  appropriate  funds  in  the  hands  of  the  said  treasurer, 
and  belonging  to  the  district.  The  species  of  indebtedness  must  be  clearly 
stated,  and  should  be  drawn  on  its  appropriate  fund ;  all  moneys  for  teach- 
ers' wages  on  the  teachers'  fund ;  all  moneys  used  in  the  purchase  of  a 
site,  erection  of  buildings  thereon,  and  furnishing  the  same,  on  building 
fund ;  and  all  other  expenses  to  be  paid  out  of  the  contingent  fund :  Pro- 
v-ided,  however,  that  no  order  for  the  payment  of  teachers'  wages  shall 
be  drawn  in  favor  of  any  person  not  holding  a  certificate  of  qualification, 
signed  by  the  county  commissioner  or  state  superintendent,  or  in  favor 
of  any  teacher  delinquent  in  his  monthly  or  term  reports;  and  further 
provided,  that  before  drawing  any  such  warrant,  the  president  of  the  board 
shall  first  visit  the  office  of  the  county  or  township  treasurer,  and  record 
his  signature  in  a  book  to  be  kept  in  the  office  of  said  treasurer  for  that 
purpose.  (R.  S.  1899.) 

Where  an  average  rate  for  school  building  tax  is  computed  upon  a  basis  which 
blends  rate  of  taxes  for  school  buildings,  sinking  and  interest  fund,  the  irregularity 
is  no  ground  to  enjoin  collection  of  tax.  126  Mo.  472.  Those  funds  are  all  part  of 
building  fund.  Id.  Until  teacher  flies  his  report,  directors  have  no  right  to  order  pay- 
ment of  his  wages.  24  A.  213.  But  teacher  does  not  forfeit  any  rights  under  his  con- 
tract by  failure  to  make  such  reports,  if  prevented  from  so  doing  by  action  of  direc- 
tors. 30  A.  113;  31  Mo.  319. 

This  section  provides  for  the  drawing  of  warrants  upon  the  ''order  of  the  board 
of  directors."  by  the  district  clerk,  "on  the  county  treasurer,  in  favor  of  any  party  to 
whom  the  district  has  become  legally  indebted."  These  warrants  must  be  upon  the 
proper  fund.  Three  funds  are  specified— teachers'  fund,  building  fund  and  contingent 
fund.  The  species  of  indebtedness  must  be  clearly  stated.  No  teacher  delinquent  in  his 
monthly  or  term  reports,  or  not  holding  a  legal  certificate,  can  receive  a  warrant. 
The  president  of  the  board  is  required  to  record  his  signature  with  the  county  or  town- 
ship treasurer.  The  object  of  this  is  to  prevent  fraud.  By  section  9SG4  in  express  terms, 
and  by  section  9761  by  inference,  no  warrant  can  be  ordered  except  by  a  majority  of 
the  board:  that  is,  unless  a  majority  of  the  whole  board  vote  therefor.  The  reason 


45 

I  say  "by  inference,"  under  section  97G1,  is  that  by  this  section  a  majority  of  the  board 
is  necessary  to  constitute  a  quorum.  A  majority  of  a  board  of  three  is  two.  If  two 
members  are  present,  both  must  vote  for  issuing  the  warrant  before  it  can  be  ordered 
issued.  This  is  a  majority  of  the  entire  board.  In  signing  warrants,  the  president  and 
clerk  of  the  board  act  ministerially.  It  is  their  duty  to  sign  warrants  when  ordered 
by  the  board,  regardless  of  their  preferences  in  the  matter.  Boards  of  directors, 
in  purchasing  furniture  or  apparatus  from  agents,  should  be  very  careful  not  to  be 
induced  to  sign  any  contracts  or  warrants  presented  by  these  agents.  If  a  purchase 
is  made  from  agents,  the  warrant  should  be  drawn  upon  the  legal  blanks  belonging 
to  the  board  and  upon  the  Incidental  fund. 

Boards  of  directors  have  no  authority  to  order  a  warrant  or  enter  into  a  contract 
exceeding  the  revenue  provided  for  the  current  school  year.  Such  warrant  or  contract 
rloes  not  constitute  a  legal  claim  against  the  district. 

SEC.  9789.  Form  of  warrant. — The  warrants  thus  drawn  shall  be 
in  the  following  form,  and  shall  be  signed  by  the  president  of  the  board 
and  countersigned  by  the  district  clerk :  , 

TEACHERS'    FUND. 

$  —  No.  

Treasurer  of  -        -  county,   Missouri: 

Pay  to ,  or  order,  for  services  as  teacher  in  district  No.  —  — ,  township , 

range  —  — ,  —  —  dollars,  out  of  any  funds  in  your  hands  for  the  payment  of  teach- 
ers' wages  belonging  to  said  district. 

Done  by  order  of  the  board,   this  -     —  day  of  -  — ,   19—. 

— ,    president.  ,    clerk. 

INCIDENTAL    FUND. 
•$ .  No. 


Treasurer   of   county,    Missouri: 

Pay  to ,  or  order,  the  sum  of dollars,  for  —     —  furnished  district  No. 

— ,  township  —  — ,   range ,   out  of  any  funds  in  your  hands,  for  the  payment 

of    incidental    expenses    belonging    to    said    district. 

Done  by   order  of  the  board,   this  day  of  ,   19 — . 

— ,    president.  ,    clerk. 

BUILDING    FUND. 

Treasurer   of   county,    Missouri: 

Pay  to ,  or  order,  the  sum  of  -     —  dollars,  for furnished  in  the  erec- 
tion of  a  school-house  in  district  No.  -  — ,  township  —  — ,   range ,   out  of  any 

money  in  your  hands  belonging  to  the  building  fund  of  said  district,  and  not  other- 
wise appropriated. 

Done  by  order  of  the  board,   this  —     —  day  of  ,   19 — . 

— ,    president.  ,    clerk. 

The  treasurer  shall  open  an  account  for  each  fund  specified  in  this  sec- 
tion, and  all  moneys  received  from  the  state,  county  and  township  funds, 
and  all  moneys  derived  from  the  taxation  for  teachers'  wages,  and  all 
tuition  fees  and  all  back  taxes,  shall  be  placed  to  the  credit  of  the  "teach- 
ers' fund ;"  the  money  derived  from  taxation  for  incidental  expenses  shall 
be  credited  to  the  "incidental  fund ;"  all  moneys  derived  from  taxation  for 
building  purposes,  from  the  sale  of  school  site,  school-house  or  school 
furniture,  from  insurance,  from  sale  of  bonds,  from  sinking  fund  and 
interest,  shall  be  placed  to  the  credit  of  the  "building  fund;"  and  all 
moneys  not  herein  specified  that  now  belong  to  any  school  district,  or  that 
may  hereafter  be  received  by  such  school  district,  shall  be  placed  to  the 


46 

credit  of  the  "teachers'  fund"  of  such  school  district.  No  treasurer  shall 
honor  any  warrant  unless  it  be  in  the  proper  form  and  upon  the  appro- 
priate fund  ;  and  each  and  every  warrant  shall  be  paid  from  its  appropriate 
fund,  and  no  partial  payment  shall  be  made  upon  any  school  warrant, 
nor  shall  any  interest  be  paid  upon  any  such  warrant:  Provided,  that 
the  board  of  directors  shall  have  the  power  to  transfer  from  the  incidental 
to  the  building  fund  such  sums  as  may  be  necessary  for  the  ordinary  re- 
pairs of  school  property ;  provided  further,  that  in  the  event  of  a  balance 
remaining  in  the  building  fund,  after  the  purpose  for  which  said  fund 
was  levied  is  accomplished,  the  said  board  shall  have  the  power  to  trans- 
fer such  unexpended  balance  to  the  incidental  fund.  (R.  S.  1899.) 

School  warrant  will  not  draw  interest,  but  treasurer  refusing  to  pay  warrant 
when  legally  drawn  and  payment  of  same  demanded,  will  be  liable  on  his  official 
bond  for  damages  sustained,  which  would  be  interest  on  amount  detained.  72  A.  403. 

This  section  defines  the  three  funds  and  gives  the  source  from  which  each  Is 
derived.  It  also  provides,  "no  treasurer  shall  honor  any  warrant  unless  it  be  in  the 
proper  form  and  upon  the  appropriate  funds,  and  each  and  every  warrant  shall  be 
paid  from  its  appropriate  fund."  This  positively  prohibits  the  interchange  of  funds; 
that  is,  the  teachers'  fund  cannot  be  used  for  incidental  purposes,  nor  the  incidental 
fund  for  paying  teachers'  wages.  Neither  can  the  building  fund  be  used  for  any  other 
purposes.  However,  the  syllabus  64  Mo.  26,  reads  as  follows:  "Under  a  proper  con- 
struction of  this  section,  it  was  simply  intended  to  provide  that  the  money  raised 
by  taxation  for  building  purposes  should  be  applied  only  to  that  purpose,  and  that  the 
money  raised  by  taxation  for  other  purposes  should  not  be  paid  out  for  building." 
It  must  be  remembered  that  when  this  opinion  was  rendered,  the  law  provided  for 
two  funds— a  building  fund  and  a  fund  for  all  other  purposes.  See  laws  of  '74,  p.  162, 
section  65.  The  three  funds  must,  therefore,  be  carefully  looked  after  and  kept  sep- 
arate. !  I 

SEC.  9790.  School  moneys,  how  applied. — All  moneys  arising 
from  taxation  shall  be  paid  out  only  for  the  purposes  for  which  they  were 
levied  and  collected ;  but  the  income  from  state,  county  and  township 
funds  shall  be  applied  only  to  the  payment  of  teachers'  warrants,  issued 
by  order  of  the  board  to  legally  qualified  teachers  for  services  rendered 
according  to  law.  No  county  or  township  treasurer  shall  honor  any  war- 
rant against  any  school  district  that  is  in  excess  of  the  income  and  rev- 
enue of  such  school  district  for  the  school  year  beginning  on  the  first  day 
of  July  and  ending  oh  the  thirtieth  day  of  June  following ;  nor  shall  any 
portion  of  the  funds  mentioned  in  this  section  be  applied  in  payment  of 
any  teacher's  warrant  issued  prior  to  the  distribution  of  such  funds  in 
accordance  with  section  9840,  and  no  school  warrant  shall  bear  interest. 
(R.  S.  1899.) 

Money  can  be  paid  out  only  for  purposes  for  which  it  was  levied  and  collected. 
58  Mo.  116;  64  Mo.  26.  Liability  of  county  court  for  diversion  of  county  school  fund. 
110  Mo.  67. 

This  section  further  emphasizes  the  distinctness  of  the  three  funds,  and  provides, 
"no  county  or  township  treasurer  shall  honor  any  warrant  against  any  school  dis- 
trict that  is  in  excess  of  the  income  and  revenue  of  such  school  district  for  the  school 
year  beginning  on  the  1st  day  of  July  and  ending  on  the  30th  day  of  June  following." 
Article  10,  section  12  of  the  Constitution  of  Missouri,  ucon  which  the  above  quoted 


47 

provision  is  based,  reads:  "No  school  district  shall  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose  to  an  amount  exceeding,  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  two-thirds  of  the  voters 
thereof  voting  at  an  election  to  be  held  for  that  purpose."  These  provisions  oblige 
the  board  to  so  manage  the  expenditures  of  the  district  as  to  make  each  year  take 
care  of  itself.  No  treasurer  is  permitted  to  cash  a  warrant  in  excess  of  the  revenue 
provided  for  the  school  year  in  which  such  warrant  is  issued.  A  warrant,  however, 
may  be  issued  when  there  is  no  money  in  the  proper  fund  to  pay  it,  as  taxes  may  be 
collected  before  the  end  of  the  school  year— June  JO— thus  permitting  this  warrant  to 
be  legally  paid. 

Under  a  proper  construction  of  this  section,  it  was  simply  intended  to  provide 
that  the  money  raised  by  taxation  for  building  purposes  could  be  applied  only  to  that 
purpose,  and  that  the  money  raised  by  taxation  for  other  purposes  could  not  be  paid 
out  for  building.  64  Mo.  26. 

SEC.  9791.     Permitting   school   boards   to   loan   sinking   fund. — 

Whenever  any  school  district  in  any  county  in  this  state,  which  now  has 
or  hereafter  shall  adopt  township  organization,  shall  accumulate  a  sink- 
ing fund  for  the  payment  of  district  indebtedness,  the  board  of  directors 
of  such  school  district  shall  have  the  power  to  loan  such  sinking  fund, 
for  such  length  of  time  as  they  shall  deem  proper,  such  time  not  to  extend 
beyond  the  maturity  of  the  district's  indebtedness.  Said  board  shall  not 
loan  said  money  for  a  less  rate  of  interest  than  six  per  cent,  per  annum, 
nor  for  a  greater  rate  than  eight  per  cent,  per  annum.  The  security 
which  shall  be  required  shall  be  unincumbered  real  estate  of  at  least  double 
the  value  of  the  amount  loaned,  and  in  addition,  the  borrower  shall  give 
a  note  or  bond  with  one  or  more  solvent  sureties,  to  be  approved  by  the 
board  of  school  directors,  payable  to  the  board  of  directors  of  the  school 
district  making  the  loan ;  which  note  or  bond  shall  be  described  in  and 
secured  by  deed  of  trust  or  mortgage  on  the  real  estate  given  as  security. 
(R.  S.  1899.) 

SEC.  9792.  County  court  may  invest  sinking  fund,  how. — When- 
ever there  are  outstanding  any  legal  county  revenue  warrants  of  any 
county,  bearing  six  per  cent,  interest,  which  will  be  redeemed  by  the 
taxes  of  the  current  year,  and  there  are  school  moneys  in  the  hands  of 
the  county  treasurer,  belonging  to  the  various  districts,  which  will  not 
be  required  for  the  support  of  the  public  schools  before  the  date  when 
such  revenue  warrants  will  be  paid,  the  county  courts  are  authorized  to 
direct  the  county  treasurer  to  invest  such  surplus  school  moneys  in  the 
revenue  warrants,  and  hold  them  for  the  use  and  benefit  of  the  school 
districts  until  the  money  for  the  redemption  of  such  warrants  is  received 
into  the  county  revenue  fund,  when  such  money  shall  be  applied  to  their 
payment.  (R.  S.  1899.) 

SEC.  9793.  County  treasurer  to  report. — The  county  treasurer 
shall,  at  the  first  term  of  county  court  after  the  redemption  of  the  war- 
rants by  the  county  revenue  fund,  submit  to  the  court  a  detailed  state- 
ment, showing  the  amount  and  time  the  school  moneys  were  invested,  the 


48 

amount  belonging  to  each  district  so  used,  and  the  amount  of  interest  real- . 
ized  for  each  district ;  and  the  court  shall  direct  such  interest  to  be  placed 
to  the  credit  of  the  respective  districts,  and  the  treasurer  be  charged 
therewith.     (R.  S.  1899.) 

SEC.  9794.  Record  and  report  of  district  plat. — The  district  clerk 
shall  record  a  copy  of  all  reports  made  by  him  to  the  county  commis- 
sioner. He  shall  also  record  in  the  record  book  of  the  district  a  correct 
plat  of  the  district,  changing  the  same  as  often  as  alteration  is  made  in 
the  boundary  lines  by  the  proper  authority  and  shall  furnish  the  county 
clerk  and  county  commissioner  with  copies  of  the  same,  and  shall  officially 
notify  them  of  any  change  whenever  made.  (R.  S.  1899.) 

SEC.  9/95.  Statement  of  treasurer. — The  district  clerk  shall, 
within  five  days  next  preceding  the  annual  meeting,  obtain  from  the 
county  or  township  treasurer  a  statement  showing  the  receipts  and  dis- 
bursements of  the  district  since  the  last  annual  school  meeting,  and  the 
balance  to  the  credit  of  the  various  funds  of  the  district,  and  the  clerk 
shall  report  the  same  to  the  annual  meeting  and  enter  the  same  upon  the 
records  of  the  district.  (R.  S.  1899.) 

SEC.  9796.  Teachers — certificate  before  employment. — No  teacher 
shall  be  employed  in  any  school  supported  by  the  public  funds,  or  any 
part  thereof,  until  he  has  received  a  certificate  of  qualification  therefor, 
signed  by  the  commissioner  of  the  county  where  he  or  she  intends  to 
teach,  except  those  holding  normal  diplomas  and  certificates  entitling 
them  to  teach  under  section  9993  of  the  chapter  on  normal  schools,  and 
except  those  holding  certificates  then  in  force  from  the  state  superin- 
tendent. (R.  S.  1899.) 

This  section  prohibits  the  employment  of  a  teacher  not  holding  a  certificate. 
This  includes  substitute  teachers.  Whenever  a  substitute  teacher  teaches  for  even 
a  day  or  a  week,  he  should  have  a  certificate. 

SEC.  9797.    Teachers  and  directors  liable  to  a  misdemeanor,  when. 

Any  teacher  who  shall  enter  a  public  school  in  this  state  to  teach,  govern 
or  discipline  the  same  before  complying  with  the  provisions  of  section 
9766  and  9796  shall  forfeit  all  right,  title  and  claim  to  any  compensation 
therefor,  and  shall  be  deemed  guilty  of  a  misdemeanor  and  punishable 
by  a  fine  not  to  exceed  one  hundred  dollars ;  and  any  director  who  shall 
indorse  or  encourage  said  teacher  in  such  unlawful  conduct  shall  in  like 
manner  be  deemed  guilty  of  a  misdemeanor  and  punishable  by  a  like 
fine.  (R.  S.  1899.) 

SEC.  9799.  Instruction  in  physiology  and  hygiene. — Physiology 
and  hygiene,  including  their  several  branches,  with  special  instruction 
as  to  the  effect  of  alcoholic  drinks,  narcotics  and  stimulants  on  the  human 
system,  shall  constitute  a  part  of  the  course  of  instruction,  and  be  taught 


49 

in  all  schools  supported  wholly  or  in  part  by  public  money,  or  under  state 
control.  (R.  S.  1899.) 

SEC.  9800.  Register  of  attendance. — It  shall  be  the  duty  of  every 
teacher  employed  in  any  of  the  public  schools  of  the  state  to  keep  a  daily 
register,  in  which  the  names,  ages  and  date  of  entrance  of  the  pupils  shall 
be  entered,  and  the  studies  pursued  by  the  same ;  the  date  of  each  visita- 
tion by  the  directors  or  other  school  officers ;  which  register  shall  be  open 
to  the  inspection  of  the  public  at  all  times.  (R.  S.  i'899.) 

SEC.  9801.  Monthly  and  term  reports. — It  shall  be  the  duty  of 
every  teacher  to  make  out  and  file  with  the  district  clerk,  at  the  expira- 
tion of  each  month,  a  report  of  the  number  of  pupils  in  attendance  dur- 
ing trie  month,  distinguishing  between  male  and  female,  the  average  at- 
tendance, and  such  other  statistics  as  the  directors,  by  order,  may  require, 
and  no  warrant  shall  be  ordered  by  the  board  or  drawn  by  the  clerk  for 
such  month's  salary  until  such  monthly  report  has  been  made  and  filed 
with  the  district  clerk ;  and  at  the  close  of  the  term  a  report,  embracing 
a  summary  of  the  above,  together  with  the  length  of  term  taught,  wages 
paid,  teachers  employed,  and  such  other  information  as  the  board,  by  its 
official  acts,  may  require;  and  no  warrant  shall  be  issued  by  said  clerk 
in  favor  of  such  teacher  for  the  last  month's  silary  of  such  term,  until 
he  shall  have  filed  with  said  clerk  such  term  report.  (R.  S.  1899.) 

Teacher  must  make  out  and  file  with  clerk  of  el-strict  monthly  report  to  entitle 
him  to  his  wages.  24  A.  213. 

Many  teachers  are  careless  in  making  their  monthly  and  term  reports,  often, 
using  lead  pencil  instead  of  pen  and  ink,  and  sometimes  uring  any  kind  of  paper 
instead  of  the  proper  blanks  sent  out  from  this  department.  In  a  graded  school 
composed  of  a  number  of  teachers,  the  assistant  teachers  should  make  their  reports  to 
the  principal  or  superintendent,  and  he  should  condense  there  reports  and  make  on^ 
report  to  the  board.  "No  warrant  shall  be  issued  by  raid  clerk  in  favor  of  such  teacher 
for  the  last  month's  salary  of  such  term  unless  he  shall  have  filed  with  said  clerk 
such  term  report."  This  should  be  strictly  adhered  to.  See  also  section  9788.  "Where 
a  teacher  in  a  school  district  failed  to  make  out  and  file  with  the  clerk  of  the  school 
district  the  monthly  report  required  by  the  statute,  the  board  of  directors  of  the 
school  district  had  no  power  to  order  the  payment  of.  such  teacher's  wages  under  the 
statute,  and  he  could  not  lawfully  recover  judgment  against  the  school  district  on 
account  of  a  claim  which  the  statute  prohibited  it  from  paying."  24  A.  214.  Notice 
also  the  following  from  30  A.  113:  "A  teacher  does  not  forfeit  any  right  under  his  con- 
tract, or  under  the  law,  by  failing  to  make  monthly  reports  when,  by  action  of  the 
directors,  the  school  has  been  closed  and  there  is,  therefore,  nothing  to  report."  The 
term  report  blank  calls  for  individual  pupils'  reports.  A  school  board  lays  its  mem- 
bers personally  responsible  if  it  pays  the  teacher  the  last  month's  salary  before  this 
term  report  is  made  according  to  the  prescribed  blank. 

SEC.  9802.  Attendance  at  teachers'  associations. — It  shall  be  the 
duty  of  each  and  every  teacher,  as  soon  as  teachers'  institutes  (associa- 
tions) may  be  established  in  the  county  by  law,  to  become  members  there- 
of, and  as  far  as  possible,  to  attend  all  regular  meetings  of  the  same.  (R. 
S.  1899.) 

S  L— 4 


50 

SEC.  9803.  County  commissioner — eligibility — time  of  election 
and  term  of  office. — There  is  hereby  created  the  office  of  county  com- 
missioner of  public  schools,  the  incumbent  of  which  office  shall  be  at  least 
twenty-one  years  of  age,  a  resident  of  the  county  when  elected  for  at  least 
one  year  prior  to  such  election,  and  shall  hold  a  first-grade  county  certifi- 
cate, normal  or  state  certificate,  entitling-  him  to  teach  in  the  public  schools 
of  such  county.  There  shall  be  one  county  school  commissioner  for  each 
county  in  the  state,  who  shall  be  elected  by  the  qualified  voters  of  the 
counties,  at  the  annual  district  school  meetings  held  in  said  county  on  the 
first  Tuesday  in  April,  1891,  and  every  two  years  thereafter.  And  in 
school  districts  composed  of  parts  of  districts  lying  in  two  or  more  coun- 
ties, the  qualified  voters  residing  in  any  fractional  part  of  such  district, 
having  no  school-house  located  in  the  county  where  such  fractional  part 
of  such  district  is  situated,  may  after  the  transaction  of  the  business  of 
the  annual  school  meeting,  retire  to  some  convenient  place  selected  by  the 
county  commissioner  in  the  school  district  lying  within  the  county  of 
which  they  are  residents,  and  shall  organize  their  meeting  and  cast  their 
vote  for  county  commissioner  of  public  schools,  as  is  provided  for  annual 
school  meetings,  in  section  9750  of  this  chapter,  and  the  officers  elected  at 
such  meeting  shall  perform  the  same  duties  as  similar  officers  at  the  an- 
nual school  meeting  provided  for  in  said  section :  Proinded,  that  in  cities, 
town  and  village  districts  the  voters  in  the  county  other  than,  where  the 
school  house  is  situated  may  organize  at  the  same  time  as  the  meeting 
is  organized  at  the  school-house  for  the  purpose  of  voting  for  school  com- 
missioner, and  no  other.  All  returns  of  elections  held  under  this  section 
shall  be  made  to  the  clerk  of  the  county  court  of  each  county,  whose  duty 
it  shall  be  to  cast  up  said  returns,  and  give  to  the  person  having  the 
greater  number  of  votes,  a  certificate  of  election,  for  which  he  shall  re- 
ceive fifty  cents,  to  be  paid  by  the  party  -receiving  the  certificate,  and  the 
county  clerk  shall  certify  said  election  to  the  state  superintendent.  Con- 
tested elections  under  this  section  to  be  decided  by  the  county  court.  Said 
commissioner  of  public  schools  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  elected  and  qualified;  and  all  vacancies  caused  by 
death,  resignation,  refusal  to  serve,  or  removal  from  the  county,  shall  be 
filled  by  the  governor,  by  appointment,  for  the  unexpired  term ;  the  county 
commissioner  shall  turn  over  all  books,  papers,  certificates,  stub-books 
and  records  in  his  possession  to  his  successor.  (R.  S.  1899.) 

One  must,  when  elected,  have  a  teacher's  certificate  in  order  to  qualify  him  to 
hold  the  office  of  county  commissioner.  129  Mo.  431. 

The  qualifications  of  county  commissioner  as  set  forth  in  this  section  are:  (1)  he 
"shall  be  at  least  twenty-one  years  of  age;"  (2)  a  resident  of  the  county  when  elected 
for  at  least  one  year  prior  to  such  election;  (3)  shall  hold  a  first-grade  county  certifi- 
cate, normal  or  State  certificate  in  force  at  the  time  of  the  election  entitling  him  to 
teach  in  the  schools  of  such  county. 


SEC.  9804.     Id.      Determining    election    of — commissioner. — The 

vote  for  county  commissioner  shall  be  cast  tip  and  the  result  announced 
to  the  meeting  and  entered  upon  the  record  of  the  proceedings.  A  cer- 
tificate containing  the  names  of  the  persons  voted  for,  and  the  number  of 
votes  cast  for  each,  shall  be  delivered  by  the  district  clerk  within  five 
days  thereafter  to  the  county  clerk,  the  said  certificate  to  be  signed  by 
the  chairman  and  secretary  of  the  meeting;  and  the  county  clerk  shall, 
within  ten  days  after  the  annual  school  meeting,  cast  up  the  same  and 
issue  a  commission,  attested  by  the  seal  of  his  court,  to  the  person  receiv- 
ing the  highest  number  of  votes  at  such  election.  And  such  commission, 
while  in  force,  shall  entitle  said  commissioner  to  all  the  rights  and  priv- 
ileges accruing  to  any  teacher  of  the  county  by  virtue  of  his  holding  a 
certificate  granted  by  said  commissioner  in  accordance  with  section  9805. 
(R.  S.  1899.) 

129  Mo.  431. 

At  the  close  of  the  ballot  for  county  commissioner  the  secretary  of  the  meeting 
should  cast  up  the  vote  and  enter  same  upon  the  record  of  the  proceedings  and  the 
chairman  should  announce  the  result  to  the  meeting.  Within  five  days  after  the  meet- 
ing, the  district  clerk  must  deliver  to  the  county  clerk  a  certificate  containing  the 
names  of  the  persons  voted  for  and  the  number  of  votes  cast  for  each.  This  certifi- 
cate must  be  signed  by  trie  chairman  and  secretary  of  the  meeting,  and  may  be  in 
the  following  form: 

We,  ,  chairman,  and  ,  secretary,  of  the  annual  school  meeting  held  In 

district  No.  ,  township  ,  range ,  county  of ,  on  the day  of  April,  19— , 

hereby  certify  that  at  said  meeting  received  votes  for  the  office  of  county 

school  commissioner;  received  votes  for  the  office  of  county  school  com- 
missioner. 

In  testimony  whereof  we  have  hereunto  set  our  hands  this day  of  April,  19—. 


Secretary.  Chairman. 

The  law  requires  the  county  clerk  to  issue  a  commission,  attested  by  the  seal  of 
his  court,  to  the  person  receiving  the  highest  number  of  votes. 

The  county  clerk  may  lawfully  count  all  votes  received  up  to  the  date  of  issuing 
the  commission.  The  commission,  while  in  force,  has  the  effect  of  a  regularly  issued 
first-grade  county  certificate. 

The  commission  spoken  of  in  this  section  is  issued  by  the  county  clerk.  129  Mo. 
438. 

SEC.  9808.  Report  to  be  made. — It  shall  be  the  duty  of 'the  com- 
missioner, under  the  direction  of  the  state  superintendent,  to  condense  and 
return  to  the  office  of  state  superintendent  of  public  schools,  on  or  before 
the  3 ist  day  of  August  in  each  year,  the  education  statistics  of  the  county, 
as  reported  by  the  various  officers  therein  required  to  report  to  him,  see 
that  the  directors  and  other  school  officers  are  supplied  with  the  law  and 
the  necessary  blanks  for  making  the  various  reports  required,  and  per- 
form such  other  duties  as  may  be  required  by  the  state  superintendent. 
(R.  S.  1899.) 

SEC.  9809.  Compensation  for  office  duties. — Tic  shall  receive  for 
services  specified  under  this  chapter,  as  follows :  For  making  the  re- 


52 

ports  required  under  this  chapter,  and  perfecting  the  record  of  his  office, 
in  counties  of  less  than  ten  thousand  inhabitants,  the  sum  of  twenty  dol- 
lars; of  ten  thousand  and  less  than  fifteen  thousand,  the  sum  of  thirty 
dollars;  of  fifteen  thousand  and  less  than  twenty  thousand,  the  sum  of 
thirty-five  dollars ;  of  twenty  thousand  and  upward,  the  sum  of  forty 
dollars — to  be  paid  by  the  county  court  upon  presentation  of  the  notice 
of  the  state  superintendent  acknowledging  the  receipt  of  the  report.  (R. 
S.  1899.) 

SEC.  9810.  County  supervision,  how  adopted. — Whenever  the  in- 
habitants of  any  county  in  this  state  may  desire  to  establish  county  school 
supervision  in  and  for  said  county,  and  elect  a  county  school  superin- 
tendent therefor,  the  same  may  be  accomplished  in  the  following  manner  : 
Upon  the  reception  of  a  petition  setting  forth  said  facts  and  signed  by 
one  hundred  resident  freeholders,  the  county  court  shall  order  an  election 
held  therefor  at  the  next  annual  school  meeting,  thirty  days'  notice  to  be 
given  of  said  election,  by  publication  in  at  least  two  county  papers,  if  there 
be  that  number  published  in  said  county,  within  the  county ;  and  the  vote 
therefor  shall  be  by  ballot ;  those  voting  therefor  shall  have  written  or 
printed  on  their  ballots  "For  supervision,"  and  those  voting  against  shall 
have  written  or  printed  on  their  ballots  "Against  supervision,"  and  should 
a  majority  of  the  votes  cast  upon  said  proposition  be  for  supervision,  the 
county  clerk  shall  declare  by  publication  the  adoption  of  county  super- 
vision in  and  for  said  county.  The  vote  shall  be  cast  up  at  the  annual 
meeting,  forwarded  to  the  county  clerk,  and  by  him  counted  and  an- 
nounced in  the  same  manner  as  the  vote  for  county  school  commissioner : 
all  elections  held  for  county  superintendent  shall  be  governed  by  the  law 
controlling  the  election  and  qualification  of  the  county 'commissioner,  and 
all  vacancies  shall  be  for  like  cause  and  filled  in  like  manner ;  should  county 
supervision  be  adopted  the  county  commissioner-elect  or  the  county  com- 
missioner then  in  office  shall  comply  with  the  requirements  of  the  next 
section  (9811),  and  serve  as  county  superintendent  for  the  ensuing  term 
or  for  the  remaining  part  thereof,  and  until  his  successor  is  elected  and 
qualified.  (Session  Acts  1903.) 

SEC.  qSioa.  County  supervision,  how  abolished. — Any  county 
having  adopted  county  supervision  by  and  under  the  provisions  of  section 
9810  of  the  Revised  Statutes  of  Missouri  of  1899  may  at  any  time  re- 
submit  the  proposition  of  "county  supervision''  upon  the  filing  of  a  petition 
making  such  a  request.  In  the  same  manner  as  provided  in  section 
9810.  (Session  Acts  1903.) 

SEC.  9811.  Oath,  bond  and  office  of  the  superintendent. — 1  be- 
fore entering  upon  the  duties  of  his  office,  the  county  superintendent  shall 
take  and  subscribe  an  oath  to  faithfully  and  impartially  discharge  the 


53 

duties  of  his  office  under  law ;  he  shall  give  a  penal  bond  in  the  sum  of 
double  the  amount  of  his  salary,  conditioned  upon  the  faithful  perform- 
ance of  his  official  duties  and  the  proper  application  and  care  of  all 
moneys,  books,  records,  papers,  furniture  or  other  property  in  his  posses- 
sion or  under  his  control,  said  bond  to  be  indorsed  by  two  or  more  sure- 
ties, who  are  resident  freeholders  and  absolutely  solvent,  and  accepted 
by  the  county  court,  or  the  county  clerk  in  vacation;  said  bond  shall  be 
made  payable  to  the  county  court,  and  upon  its  forfeiture  the  said  court 
shall  institute  suit  on  such  bond,  and  place  any  amount  recovered  on 
same,  less  the  cost  of  recovery,  to  the  credit  of  the  permanent  county 
school  fund  of  said  county.  He  shall  keep  his  office  at  the  county  seat, 
and  for  this  purpose  the  county  court  shall  supply  him  with  a  suitable 
room,  properly  furnished,  wherein  all  records,  books,  papers,  furniture 
and  other  property  thereto  belonging  shall  be  securely  kept,  and  at  the 
expi ration  of  his  term  of  office  he  shall  turn  the  same  over  to  his  suc- 
cessor in  good  condition;  and  said  court  shall  supply  the  superintendent 
with  all  necessary  record  books,  stationery  and  postage  stamps  for  con- 
ducting the  business  of  his  office  properly,  and  shall  allow  all  necessary 
printing  of  notices  and  circulars  of  information,  the  same  to  be  paid 
for  by  warrant  upon  the  county  treasurer.  (R.  S.  1899.) 

SEC.  9812.  Official  duties  of  county  superintendent. — The  county 
superintendent  shall  have  general  supervision  over  all  the  schools  of  his 
county,  except  in  cities  having  more  than  one  thousand  children  of  school 
age  by  the  last  enumeration  of  school  children  preceding  his  election  and 
organized  as  a  city  school  district,  and  shall  perform  all  the  duties  now- 
required  b}'  the  county  commissioner  and  receive  like  compensation  there- 
for ;  he  shall  visit  each  school  district  in  his  county  as  often  as  practicable ; 
he  shall  examine  the  classification  of  the  pupils,  the  methods  of  instruc- 
tion, the  manner  of  discipline,  the  order  maintained,  the  results  secured, 
and  make  such  suggestions  to  the  teachers — in  private — as  he  may  deem 
advisable ;  he  shall  inspect  the  ventilation,  note  the  conditions  of  the  build- 
ing, furniture,  apparatus,  grounds  and  appurtenances  thereto  belonging, 
and  report  the  same  to  the  board  in  \vriting,  with  such  suggestions  as  he 
may  consider  necessary  to  the  health,  comfort  and  progress  of  the  pupils ; 
he  shall  examine  the  teachers'  register  and  the  district  records  to  see  if 
they  are  kept  according  to  law,  and  recommend  such  changes  or  im- 
provements as  he  may  think  proper ;  he  shall  instruct  the  district  clerks, 
when  necessary,  how  to  make  their  reports,  and  see  that  all  warrants  have 
been  duly  issued  "by  order  of  the  board,"  either  for  services  actually  ren- 
dered or  for  material  actually -furnished;  he  shall  organize  a  county  teach- 
ers' institute  in  his  county  and  require  the  teachers  to  attend,  unless  ex- 
cused for  satisfactory  reasons,  he  shall  hold  public  meetings  in  each  mu- 


54 

nicipal  township  in  the  county  annually  for  the  purpose-  of  discussing 
educational  questions,  interpreting  the  school  law,  counseling  with  teach- 
ers and  school  officers,  and  endeavor  to  elevate  and  advance  the  cause  of 
education  among  the  people;  he  shall  formulate  a  course  of  study  and  a 
plan  for  grading  the  schools  of  his  county,  and  forward  a  copy  thereof 
to  each  district  clerk  and  to  each\teacher  employed  in  the  county,  and 
require  the  same  to  be  followed  as  nearly  as  practicable :  he  shall  hold  one 
public  examination  each  month  at  the  county  seat,  notice  thereof  to  be 
given  by  publication,  and  the  instructions  of  the  state  superintendent  shall 
be  his  guide  in  the  examination,  grading  and  licensing  of  teachers;  he 
shall  examine  the  records  of  the  county,  so  far  as  relates  to  school  funds 
and  school  moneys,  see  that  the  law  is  strictly  observed,  and  shall  be 
present  at  the  August  term  of  the  county  court  to  give  such  information 
as  may  be  of  importance  to  said  court  in  the  transactions  of  matters  per- 
taining to  the  school  interests  of  the  county;  and  the  instructions  of  the 
state  superintendent  shall  be  his  guide  in  the  interpretation  and  execu- 
tion of  the  law.  (R.  S.  1899.) 

SEC.  9813.  Compensation  of  the  county  superintendent. — The 
county  superintendent  shall  be  allowed  an  annual  salary,  to  be  paid  out 
of  the  county  treasury,  as  follows :  In  all  counties  wherein  the  number 
of  children  of  school  age  is  less  than  two  thousand,  he  shall  receive  two 
hundred  dollars;  where  the  number  is  two  thousand  and  less  than  three 
thousand,  he  shall  receive  three  hundred  dollars;  where  the  number  is 
three  thousand  and  less  than  four  thousand,  he  shall  receive  four  hun- 
dred dollars ;  where  the  number  is  four  thousand  and  less  than  five  thou- 
sand, he  shall  receive  five  hundred  dollars;  where  the  number  is  five 
thousand  and  less  than  six  thousand,  he  shall  receive  six  hundred  dollars ; 
where  the  number  is  six  thousand  and  less  than  seven  thousand,  he  shall 
receive  seven  hundred  dollars ;  where  the  number  is  seven  thousand  and 
less  than  eight  thousand,  he  shall  receive  eight  hundred  dollars ;  where 
the  number  is  eight  thousand  and  less  than  nine  thousand,  he  shall  receive 
nine  hundred  dollars;  and  in  all  counties  wherein  the  number  is  nine 
thousand  or  more,  he  shall  receive  one  thousand  dollars.  The  salary  of 
each  county  superintendent  under  this  section  shall  be  determined  by  the. 
state  superintendent  from  the  last  enumeration  on  file  in  his  office  at  the 
time  of  the  election  of  said  county  superintendent;  and  tHe  state  super- 
intendent shall  transmit  a  certified  copy  of  said  enumeration  and  salary 
of  said  county  superintendent  to  the  county  clerk  of  the  county  adopting 
county  supervision ;  but  in  ascertaining  the  salary  of  said  county  superin- 
tendent, the  state  superintendent  shall  deduct  from  the  total  enumeration 
for  any  and  each  county  the  enumeration  of  any  and  all  city  school  dis- 
tricts whose  enumeration  exceeds  one  thousand  children  of  school  age. 


55 

At  each  regular  term  of  the  county  court,  said  court  shall  order  a  war- 
rant drawn  in  favor  of  the  county  superintendent  for  one-fourth  of  his 
annual  salary  under  this  section,  if  satisfied  he  has  faithfully  performed 
the  duties  of  his  office,  and  the  same  shall  be  paid  by  the  county  treasurer 
out  of  the  county  treasury.  (R.  S.  1899.) 

SEC.  9814.  Duties  of  state  board  of  education.— The  supervision 
of  instruction  in  the  public  schools  shall  be  vested  in  a  "board  of  educa- 
tion," whose  powers  and  duties  shall  be  prescribed  by  law.  The  superin- 
tendent of  public  schools  shall  be  president  of  the  board;  the  governor, 
secretary  of  state  and  attorney-general  shall  be  ex  officio  members,  and, 
with  the  superintendent,  compose  said  board  of  education.  It  shall  be  the 
duty  of  the  state  board  of  education  to  take  the  general  supervision  over 
the  entire  educational  interests  of  the  state;  to  direct  the  investment  of 
all  moneys  received  by  the  state  to  be  applied  to  the  capital  of  any  fund 
for  educational  purposes ;  to  see  that  all  funds  are  applied  to  such  branch 
of  the  educational  interest  of  the  state  as  by  gra,nt,  gift,  devise  or  law 
they  were  originally  intended.  (R.  S.  1899.) 

SEC.  9815.  Duty  of  board  in  relation  to  swamp  lands. — The  state 
board  of  education  is  hereby  required  to  ascertain  from  all  the  various 
counties  in  the  state  having  swamp  or  other  school  lands  what  disposition 
has  been  made  of  the  same,  and  when  in  any  case  it  shall  be  ascertained 
that  the  objects  of  the  grant  have  been  violated,  the  funds  arising  there- 
from perverted,  or  the  lands  or  moneys  used  for  any  purpose  other  than 
those  named  in  the  grant,  and  by  the  law  intended,  it  shall  be  their  duty 
to  institute  suits  to  recover  the  same  in  the  name  of  the  state  in  behalf  of 
the  public  schools  of  the  county  in  which  such  lands  lie.  (R.  S.  1899.) 
SEC.  9816.  Duty  as  to  state  school  fund  of  counties. — It  shall 
also  be  the  duty  of  the  said  board  of  education  to  ascertain  from  all  the 
counties  of  the  state  what  disposition  has  been  made  of  the  state  school 
fund  drawn  by  the  counties  from  the  state  yearly,  how  much  thereof  has 
been  transferred  to  the  school  townships ;  and  when  any  such  fund,  or  any 
part  thereof,  has  been  diverted  from  its  lawful  use,  it  shall  be  their  duty, 
in  like  manner  as  in  the  last  section  provided,  to  institute  suit  for  and 
collect  the  same  and  return  it  to  its  legitimate  channel.  (R.  S.  1899.) 

SEC.  9817.  Power  to  employ  attorneys — fees  for  services  of 
same. — The  state  board  of  education  shall  have  power  to  employ  a 
competent  attorney  in  each  congressional  district  to  prosecute  the  suits 
mentioned  in  the  preceding  section,  and  who,  for  such  services,  shall  be 
allowed  the  following  per  cent,  as  fees:  For  all  claims  prosecuted  to 
final  judgment  in  favor  of  the  state  or  county  as  plaintiff,  on  all  sums 
under  five  hundred  dollars,  ten  per  cent. ;  between  five  hundred  and  one 
thousand  dollars,  seven  per  cent. ;  between  one  thousand  and  two  thou- 


56 

sand  dollars,  five  per  cent. ;  between  two  thousand  and  four  thousand  dol- 
lars, three  per  cent. ;  between  four  thousand  and  eight  thousand  dollars, 
two  per  cent. ;  and  for  all  sums  over  eight  thousand  dollars,  one  per  cent. 
— such  fees  to  be  paid  said  attorney  out  of  the  sums  collected :  and  where 
lands  are  recovered  by  suits  instituted  by  such  attorneys,  they  shall  be  al- 
lowed such  sums  for  their  services  as  may  be  deemed  reasonable  by  the 
county  court  of  the  county  in  which  the  lands  recovered  are  situated,  to 
be  paid  out  of  the  county  treasury ;  but  if  said  county  court  shall  neglect 
or  refuse  to  allow  reasonable  compensation  for  the  services  of  said  attor- 
neys in  prosecuting  suits  for  the  recovery  of  lands  as  above  set  forth,  then 
such  attorneys  may  bring  suit  in  the  circuit  court  of  the  proper  county, 
against  the  county  the  court  of  which  so  refuses  or  neglects  to  allow  com- 
pensation, and  the  amount  thus  recovered  shall  stand  as  a  judgment  against 
the  county  in  which  said  lands  are  located  upon  which  suit  was  brought. 
And  it  shall  be  the  further  duty  of  said  attorneys  to  examine  the  records 
and  papers  relating  to  school  lands  and  funds  in  the  counties  of  the  dis- 
trict for  which  they  are  appointed,  and  report  the  condition  of  the  same 
to  the  state  board  of  education,  and  they  shall  receive,  as  compensation 
therefor,  the  sum  of  six  dollars  per  day  for  the  time  actually  employed  in 
such  examination,  said  amount  to  be  audited  by  the  state  board  of  educa- 
tion, and  paid  out  of  any  moneys  in  the  state  treasury  not  otherwise  appro- 
priated :  Provided,  that  no  more  than  five  days  shall  be  employed  in  such 
examination  in  any  one  county,  except  upon  an  order  of  the  state  board 
of  education.  (R.  S.  1899.) 

SEC.  9818.  Board  to  make  report  of  proceedings  to  general  assem- 
bly.— Said  board  of  education  shall  report  to  each  session  of  the  leg- 
islature their  proceedings  under  this  chapter,  stating  therein  what  suits 
have  been  instituted,  the  amount  of  money  collected,  if  any,  and  the  land 
recovered,  if  any,  naming  the  counties  in  which  such  suits  were  instituted 
and  lands  recovered,  with  such  other  information  as  may  be  deemed  im- 
portant. (R.  S.  1899.) 

SEC.  9819.  Public  school  fund — from  what  source  derived,  and 
how  invested. — There  is  hereby  created  a  public  school  fund,  the 
annual  income  of  which  shall  be  applied  as  hereinafter  directed.  The  pro- 
ceeds of  all  lands  that  have  been  or  may  be  hereafter  granted  by  the  United 
States  to  this  state,  and  not  otherwise  appropriated  by  this  state  or  United 
States;  also,  all  moneys,  stocks,  bonds,  lands  or  other  property  now  be- 
longing to  any  fund  for  the  purposes  of  education,  except  wherein  the 
vested  rights  of  townships,  counties,  cities  or  towns  would  be  infringed; 
also,  the  net  proceeds  of  the  state  tobacco  warehouse,  and  of  all  sales  of 
lands  and  other  property  and  effects  that  may  accrue  to  the  state  by  es- 
cheat, or  for  unclaimed  dividends  or  distributive  shares  of  the  estate  of 


57 

deceased  persons,  or  from  fines,  penalties  or  forfeitures ;  also,  any  proceeds 
from  the  sales  of  public  lands  which  may  have  been  or  hereafter  may  be 
paid  over  to  this  state,  if  congress  will  consent  to  such  appropriation  ; 
also,  all  other  grants,  gifts  or  devises  that  have  been  or  hereafter  may  be 
made  to  this  state,  and  not  otherwise  appropriated,  by  the  terms  of  the 
grant,  gift  or  devise;  which  shall  be  invested  under  the  direction  of  the 
state  board  of  education,  either  in  bonds  of  the  United  States,  bonds  of 
the  state  of  Missouri  or  state  certificates  of  indebtedness,  the  income  of 
which,  together  with  not  less  than  twenty-five  per  cent,  of  the  state  rev- 
enue, shall  be  applied  annually  to  the  support  of  the  public  schools  pro- 
vided for  in  this  chapter,  to  be  apportioned  as  hereinafter  provided.  (R. 
S.  1899.) 

SEC.  9820.  Account  kept  by  whom. — The  regular  account  of  the 
public  school  fund  shall  be  kept  by  the  state  auditor,  who  shall  quarterly 
certify  to  the  treasurer  a  copy  of  such  accounts  not  before  reported  by 
him ;  and  in  all  accounts  kept  he  shall  state  the  amount  of  revenue  belong- 
ing to  that  portion  of  the  fund  set  apart  for  the  university  provided  for 
in  the  constitution,  separate  and  apart  from  that  belonging  to  the  public 
schools.  (R.  S.  1899.) 

SEC.  9821.  Duties  of  state  auditor. — It  shall  be  the  duty  of  the 
state  auditor,  and  he  shall  have  power:  First,  to  keep  and  state  all  ac- 
counts with  the  treasurer  and  all  other  persons  in  relation  to  the  public 
school  funds,  and,  upon  order  of  the  state  board  of  education,  to  direct 
the  collection  of  all  moneys  due  on  account  thereof;  second,  to  draw 
warrants  on  the  treasurer  for  the  payment  of  all  moneys  directed  by  law 
to  be  paid  out  of  such  public  school  fund,  or  the  income  thereof ;  third, 
to  require  all  persons  who  shall  have  received  any  money  belonging  to  said 
fund  or  income,  and  shall  not  have  accounted  therefor,  to  settle  their  ac- 
counts;  fourth,  to  sue  for  and  recover,  by  direction  of  the  state  board  of 
education,  all  moneys  due  by  any  person  on  account  of  such  fund  or  in- 
come ;  fifth,  to  require  the  treasurer,  from  time  to  time,  to  report  to  him 
such  accounts,  statements  and  information  relating  to  the  funds  and  prop- 
erty dedicated  to  the  use  of  public  schools  as  it  may  be  in  their  power  to 
report ;  sixth,  to  exhibit  to  the  legislature,  at  each  session  thereof,  a  com- 
plete account  and  report  of  the  state  of  the  public  school  funds  and  prop- 
erty, and  receipts  and  expenditures  thereof.  (R.  S.  1899.) 

SEC.  9822.  Investment  of  money  belonging  to  capital  of  fund. — 
Whenever  there  shall  be  in  the  treasury  or  elsewhere,  subject  to  the  order 
of  the  treasurer,  any  money  belonging  to  the  capital  of  the  public  school 
funds,  the  state  auditor  shall  make  reports  thereof  to  the  state  board  of 
education,  who  shall  direct  the  investment  of  the  same  in  bonds  of  the 
United  States,  bonds  of  the  state  of  Missouri,  or  state  certificates  of  in- 


debtedness.  That  portion  of  the  income  and  revenue  to  be  distributed 
for  the  support  of  the  public  schools  shall  be  payable  on  the  warrant  of  the 
auditor  in  favor  of  the  treasurers  of  the  several  counties,  in  each  year, 
immediately  after  the  apportionment  of  such  moneys  shall  have  been 
made  and  filed :  Provided,  that  such  portion  of  said  income  and  revenue 
as  falls  to  the  share  of  the  city  of  St.  Louis  shall  be  made  payable  to  the 
secretary  and  treasurer  of  the  school  board  of  the  city  of  St.  Louis.  (R. 
S.  1899.) 

SEC.  9823.  Duties  of  state  treasurer.— It  shall  be  the  duty  of  the 
state  treasurer:  First,  to  receive  and  safely  keep  all  bonds,  stocks  or 
money  which  shall,  from  time  to  time,  be  paid  into  the  state  treasury  on 
account  of  the  public  school  fund  or  the  income  thereof;  second,  to  pay 
all  warrants  lawfully  drawn  by  the  auditor  on  such  fund  or  income;  third, 
to  exhibit  to  the  board  of  education,  quarter-yearly,  such  account  and 
reports  as  they  may  require,  relating  to  the  public  funds  or  lands  and  in- 
come thereof,  and  in  the  power  of  the  treasurer  to  exhibit ;  fourth,  to  ex- 
hibit to  the  legislature,  at  each  regular  session,  exact  accounts  of  all  re- 
ceipts and  expenditures  on  account  of  the  school  fund  or  its  income,  and 
a  report  of  all  such  information  as  may  be  in  his  power  relating  to  such 
funds  or  lands.  (R.  S.  1899.) 

SEC.  9824.  County  school  funds. — It  is  hereby  made  the  duty  of 
the  several  county  courts  of  this  state  to  diligently  collect,  preserve  and 
securely  invest,  at  the  highest  rate  of  interest  that  can  be  obtained,  not  ex- 
ceeding eight  nor  less  than  four  per  cent,  per  annum,  on  unincumbered 
real  estate  security,  worth  at  all  times  at  least  double  the  sum  loaned, 
with  personal  security  in  addition  thereto,  the  proceeds  of  all  moneys, 
stocks,  bonds  and  other  property  belonging  to  the  county  school  fund; 
also,  the  net  proceeds  from  the  sale  of  estrays ;  also,  the  clear  proceeds  of 
all  penalties  and  forfeitures,  and  of  all  fines  collected  in  the  several  coun- 
ties for  any  breach  of  the  penal  or  military  laws  of  this  state,  and  all 
moneys  which  shall  be  paid  by  persons  as  an  equivalent  for  exemption 
from  military  duty,  shall  belong  to  and  be  securely  invested  and  sacredly 
preserved  in  the  several  counties  as  a  county  public  school  fund,  the  in- 
come of  which  fund  shall  be  collected  annually,  and  faithfully  appro- 
priated for  establishing  and  maintaining  free  public  schools  in  the  sev- 
eral counties  of  this  state.  (Session  Acts  1901.) 

Failure  of  county  court  to  take  mortgage  in  fee  on  unincumbered  real  estate 
does  not  release  surety  on  note.  15  Mo.  604;  108  Mo.  492. 

Powers  of  county  court,  sureties  on  school  fund,  bonds,  etc.,  discussed.  103  Mo. 
492.  The  judges  of  the  county  court  will  be  held  accountable  for  any  diversion  of  the 
school  funds.  110  Mo.  67. 

SEC.  9825.  School  fund  not  to  be  loaned  to  certain  persons — 
penalty. — The  county  court  shall  not  loan  any  money  belonging  to 


59 

the  school  fund  to  any  officer  of  the  county  or  his  deputy,  nor  shall  such 
officer  or  his  deputy  be  accepted  as  surety  on  the  obligation  given  by  the 
person  borrowing.  Any  officer  of  the  county  who  shall  violate  the  pro- 
visions of  this  section  by  authorizing  any  such  loan  or  drawing  any  war- 
rant for  moneys  loaned  in  violation  of  this  section  shall  be  held  responsi- 
ble for  the  sum  so  loaned  with  interest  thereon,  to  be  recovered  in  the 
name  of  the  county  to  the  use  of  the  district  whose  fund  has  been  so 
used.  (R.  S.  1899.) 

SEC.  9826.  County  court  to  have  jurisdiction  of  county  school 
fund. — Whenever  any  county  in  this  state  may  have,  separate  and 
apart  from  the  township  funds,  any  public  school  fund  arising  from  any 
source  whatever,  the  same  shall  be  under  the  jurisdiction  of  the  county 
court  of  said  county,  who  shall  be  governed  in  its  care  and  investment 
by  the  same  rules  and  regulations  as  govern  its  action  in  the  township 
funds — the  proceeds  of  said  funds  to  be  collected  annually  and  distrib- 
uted as  provided  in  section  9840.  (R.  S.  1899.) 

SEC.  9827.  Collection  of  fines  and  penalties  and  other  school 
moneys. — The  county  treasurer  shall  collect,  or  cause  to  be  collected, 
all  school  moneys  mentioned  in  section  9824,  and  all  other  moneys  for 
school  purposes  in  his  county,  and  shall  give  the  party  paying  duplicate 
receipts  therefor,  and  said  party  shall  file  one  of  said  receipts  with  the 
county  clerk,  who  shall  file  the  same  and  charge  the  same  to  the  county 
treasurer;  said  clerk  shall  thereupon  credit  the  bond  and  mortgage  with 
the  amount  of  said  receipt,  and  when  the  amount  of  said  receipts  is  in  full 
of  all  interest  and  principal  of  said  bond  and  mortgage,  then  the  clerk 
shall  satisfy  said  mortgage  of  record.  Any  person  violating  the  provis- 
ions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  pun- 
ished by  a  fine  not  to  exceed  five  hundred  dollars.  (R.  S.  1899.) 

County  clerk  has  no  authority  conferred  upon  him  by  law  to  collect  money  due 
upon  bond  given  for  loan  of  school  moneys.  105  Mo.  182. 

SEC.  9828.     Township  school  fund,  from  what  source  derived.— 

The  proceeds  of  the  sixteenth  section,  or  other  lands  selected  in  lieu  there- 
of, the  interest  of  such  proceeds,  the  rents  and  profits  of  such  lands,  and  all 
the  public  school  moneys  which  shall  be  apportioned  to  any  unorganized 
township,  arising  from  dividends,  proceeds  and  profits  of  the  public  school 
fund,  shall  constitute  a  township  school  fund.  (R.  S.  1899.) 

In  action  by  state  to  recover  land,  production  of  survey  not  necessary  where  an- 
swer sufficiently  admits  land  claimed  has  been  sufficiently  designated.  19  Mo.  607. 
When  state  and  inhabitants  estopped  from  afterwards  claiming  land.  18  Mo.  313.  Title 
of  State  of  Missouri  to  sixteenth  section  granted  by  act  of  congress,  March  6,  1820,  for 
school  purposes,  is  not  impaired  or  destroyed  by  previous  location  of  a  New  Madrid 
certificate  upon  these  sections.  13  Mo.  139. 

SEC.  9829.  Custodians  of  funds. — The  county  courts,  respectively, 
shall  have  the  care  and  management  of  the  school  funds  of  the  several 


6o 

townships  within  their  respective  jurisdictions,  and  shall  cause  accounts 
thereof  to  be  stated  and  kept  so  as  to  exhibit  the  funds  of  each  township 
separately,  and  the  disposition  thereof..  (R.  S.  1899.) 

County  court  in  management  of  school  fund  is  agent  of  state,  and  not  county. 
5  A.  13.  Sale  of  land,  mortgaged  for  school  funds,  loaned,  made  by  sheriff,  without 
proper  order  from  county  court,  is  a  nullity.  53  Mo.  147. 

SEC.  9830.  Transfer  of  funds  when  county  lines  are  changed. — 
Whenever,  by  the  establishment  of  a  new  county  or  change  of  county 
lines,  any  township  shall  fall  within  the  jurisdiction  of  a  different  county, 
the  court  having  charge  of  the  public  school  fund  of  -said  township  shall 
cause  an  account  thereof  to  be  started,  and  the  funds,  together  with  all 
mortgages,  bonds  and  other  securities  belonging  to  the  said  fund,  shall 
be  transferred  to  the  court  of  the  county  thus  acquiring  jurisdiction  over 
such  township.  The  county  courts,  respectively,  shall  number  the  various 
congressional  townships  under  their  jurisdiction,  and  cause  a  record  of  the 
same  to  be  kept,  and  for  school  purposes  they  shall  be  known  and  desig- 
nated as  "township  No.  -  — ,  of  -  -  county,"  and  upon  the  transfer 
of  townships  to  other  counties,  the  numbers  shall  be  amended  to  corres- 
pond to  the  change.  (R.  S.  1899.) 

SEC.  9831.  How  invested. — Whenever  there  shall  be  in  the  county 
treasury  any  money  belonging  to  the  capital  of  the  school  fund  of  any 
township  therein,  the  county  court  of  such  county  shall  loan  the  same 
for  the  highest  interest  that  can  be  obtained,  not  exceeding  eight  nor  less 
than  four  per  cent,  per  annum,  upon  conditions  and  subject  to  the  re- 
strictions hereinafter  set  forth.  (Session  Acts  1901.) 

A  county  court  having  loaned  school  funds  has  no  right,  upon  application  of  the 
inhabitants  of  the  township,  to  reduce  the  rate  of  interest.  The  county  courts  are 
trustees  for  these  funds,  and  cannot  dispose  of  principal  or  interest  otherwise  than 
the  law  prescribes.  And  if  by  order  they  reduce  the  rate  of  interest  on  the  loan,  they 
may  be  compelled  by  mandamus  to  collect  the  full  amount  originally  contracted  for.  15 
Mo.  412;  103  Mo.  492. 

SEC.  9832.  Security  in  cases  of  loan. — When  any  moneys  belong- 
ing to  said  funds  shall  be  loaned  by  the  county  courts,  they  shall  cause 
the  same  to  be  secured  by  a  mortgage  in  fee  on  real  estate,  free  from  all 
liens  and  incumbrances,  within  the  county,  of  the  value  of  double  the 
amount  of  the  loan,  with  a  bond  and  personal  security  in  addition  there- 
to ;  and  no  loan  shall  be  made  to  any  person  other  than  an  inhabitant  of 
the  same  county,  nor  shall  any  person  be  accepted  as  security  who  is  not 
at  the  time  a  resident  householder  therein,  -who  does  not  own  and  is  not 
assessed  on  property  in  an  amount  equal  to  that  loaned,  in  addition  to  all 
the  debts  for  which  he  is  liable  and  property  exempt  from  execution.  In 
all  cases  of  loan  the  bond  shall  be  to  the  county  for  the  use  of  the  town- 
ship to  which  the  funds  belong,  and  shall  specify  the  time  when  the  prin- 
cipal is  payable,  rate  of  interest  and  the  time  when  payable;  that  in  de- 


6i 

fault  of  payment  of  the  interest,  annually,  or  failure  by  principal  in  the 
bond  to  give  additional  security  when  thereto  lawfully  required,  both  the 
principal  and  interest  shall  become  due  and  payable  forthwith,  and  that  all 
interest  not  punctually  paid  shall  bear  interest  at  the  same  rate  of  inter- 
est as  the  principal.  But  before  any  loan  shall  be  effected,  the  borrower 
shall  file  with  the  county  court  an  abstract  of  title  at  the  time  he  files  his 
bond  and  mortgage  to  the  real  estate  which  is  to  be  mortgaged.  (R.  S. 

1899.) 

County  court  has  power  to  release  mortgage  taken  as  security  for  school  funds 
upon  receiving  in  its  place  mortgage  upon  other  lands.  69  Mo.  581;  74  Mo.  266;  103  Mo. 
492;  108  Mo.  294.  Mortgage  given  to  county  to  secure  loan  of  school  money  is  not  void 
because  it  is  a  school  mortgage.  This  statute  is  directory.  74  Mo.  266. 

SEC.  9933.    Form  of  mortgage — notice  of  sale — fees,  how  paid. — 

Every  mortgage  taken  under  the  provisions  of  this  chapter  shall  be  in 
the  ordinary  form  of  conveyance  in  fee,  shall  recite  the  bond,  and  shall 
contain  a  condition  that  if  default  shall  be  made  in  payment  of  principal 
or  interest,  or  any  part  thereof,  at  the  time  when  they  shall  severally  be- 
come 'due  and  payable,  according  to  the  tenor  and  effect  of  the  bond  re- 
cited, the  sheriff  of  the  county  may,  upon  giving  twenty  days'  notice  of 
the  time  and  place  of  sale,  by  publication  in  some  newspaper  published 
in  the  county,  if  there  be  one  published,  and  if  not,  by  at  least  six  written 
or  printed  hand-bills,  put  up  in  different  public  places  in  the  county,  with- 
out suit  on  the  mortgage,  proceed  and  sell  the  mortgaged  premises,  or  any 
part  thereof,  to  satisfy  the  principal  and  interest,  and  make  an  absolute 
conveyance  thereof,  in  fee,  to  the  purchaser,  which  shall  be  as  effectual 
to  all  intents  and  purposes  as  if  such  sale  and  conveyance  were  made  by 
virtue  of  a  judgment  of  a  court  of  competent  jurisdiction  foreclosing  the 
mortgage.  In  all  cases  of  loan  of  school  funds  in  the  various  counties, 
the  expense  of  drawing  and  preparing  securities  therefor,  and  of  acknowl- 
edging and  recording  mortgages,  including  the  fees  of  all  officers  for  the 
filing,  certifying  or  recording  such  mortgages  and  other  securities,  shall 
be  paid  by  the  borrowers  respectively.  (R.  S.  1899.) 

Sale  under  foreclosure  of  school  fund  mortgage  held  a  sale  for  cash,  as  required 
by  its  terms.  131  Mo.  568;  115  Mo.  524.  Where  mortgage  is  taken  for  loan  of  school 
fund,  statute  must  be  in  all  respects  complied  with.  62  Mo.  491. 

SEC.  9834.  Additional  securities. — The  county  court  shall  have 
power,  from  time  to  time,  to  require  additional  security  to  be  given  on 
said  bond,  when  they,  in  their  judgment,  deem  it  necessary  for  the  better 
preservation  of  the  fund.  If  such  additional  security  be  not  given  within 
ten  days  after  an  order  to  that  effect  shall  be  made  and  served  on  the 
principal  in  the  bond,  and  in  all  cases  of  default  in  the  payment  of  in- 
terest, the  court  shall  proceed  to  enforce  payment  of  both  principal  and 
interest  by  writ,  or  in  a  summary  manner,  as'  provided  in  this  chapter. 
(R.  S.  1899.) 

County  court  may  require  additional  security.     103  Mo.  492. 


62 

SEC.  9835.  County  court  may  make  order  of  sale,  when. — When- 
ever the  principal  and  interest,  or  any  part  thereof,  secured  by  mortgage 
containing  a  power  to  sell,  shall  become  due  and  payable,  the  county  court 
may  make  an  order  to  the  sheriff,  reciting  the  debt  and  interest  to  be  re- 
ceived, and  commanding  him  to  levy  the  same  with  costs,  upon  the  prop- 
erty conveyed  by  said  mortgage,  which  shall  be  described  as  in  the  mort- 
gage; and  a  copy  of  such  order,  duly  certified,  being  delivered  to  the 
sheriff,  shall  have  the  effect  of  a  fieri  facias  on  a  judgment  of  foreclosure 
by  the  circuit  court,  and  shall  be  proceeded  with  accordingly.  (R.  S. 

1899.) 

Where  order  of  county  court,  foreclosing  mortgage  given  to  county  to  secure 
school  debt,  did  not  truly  recite  debt  so  as  to  sufficiently  identify  mortgage,  held  that 
sale  thereunder  did  not  transfer  title.  55  Mo.  472;  53  Mo.  147.  Money  expended  by 
county  court  in  suits  to  stay  waste  and  protect  security  of  school  mortgages,  held 
payable  out  of  fund  protected.  58  Mo.  276;  64  Mo.  179.  Statute  relating  to  securities 
does  not  apply  to  bonds  given  county  for  school  money.  50  Mo.  225.  When  sale 
under  this  section  will  be  set  aside  on  account  of  conduct  of  sheriff  and  agent  of 
county.  80  Mo.  424;  91  Mo.  585;  115  Mo.  524. 

SEC.  9836.  Principal  and  interest  of  loan  paid,  when. — When  any 
portion  of  principal  or  interest,  or  both,  may  be  collected,  as  provided  in 
any  of  the  foregoing  sections,  it  shall  be  paid  into  the  county  treasury ; 
and  it  shall  be  the  duty  of  the  treasurer  to  give  the  person  making  pay- 
ment thereof  duplicate  receipts,  specifying  the  sums  paid  and  on  what 
account.  One  of  said  receipts  shall  be  given  to  the  clerk  of  the  county 
court,  who  shall  file  and  preserve  the  same  in  his  office,  charge  the  treas- 
urer with  the  amount,  and  credit  the  payment  to  the  party  on  whose  ac- 
count it  is  made,  on  his  bond  and  mortgage.  (R.  S.  1899.) 

Endorsement  by  county  clerk  of  payments  of  interest  upon  bond  given  for  loan 
of  school  moneys  is  competent  evidence  of  such  payments.  35  Mo.  395.  County  clerk 
has  no  authority  to  collect  money  due  upon  bond  given  for  loan  of  school  moneys,  nor 
to  enter  satisfaction  of  mortgage.  105  Mo.  182. 

SEC.  9837.  Authority  to  repossess  property  by  purchase. — When- 
ever any  property  heretofore  or  hereafter  conveyed  in  trust  or  mortgaged 
to  secure  the  payment  of  a  loan  of  school  funds,  shall  be  ordered  to  be 
sold  under  the  provisions  of  this  chapter,  or  by  virtue  of  any  power  in 
such  conveyance  in  trust  or  mortgage  contained,  the  county  court  having 
the  care  and  management  of  the  school  fund  or  funds  out  of  which  such 
loan  was  made  may,  in  its  discretion,  for  the  protection  of  the  interest 
of  the  schools,  become,  through  its  agent  thereto  duly  authorized,  a  bidder 
on  behalf  of  its  county,  at  the  sale  of  such  property  as  aforesaid,  and  may 
purchase,  take,  hold  and  manage  for  said  county,  to  the  use  of  the  town- 
ship out  of  the  school  fund  of  which  such  loan  was  made,  or  in  its  own 
name  where  such  loan  has  been  made  out  of  the  general  school  funds,  the 
property  it  may  acquire  at  such  sale  aforesaid.  The  county  court  of  any 
county  holding  property  acquired  as  aforesaid  may  appoint  an  agent  to 


63 

take  charge  of,  rent  out  or  lease  or  otherwise  manage  the  same,  under 
the  direction  of  said  court;  but  as  soon  as  practicable,  and  in  the  judg- 
ment of  said  court  advantageous  to  the  school  or  schools  interested  there- 
in, such  property  shall  be  resold  in  such  manner  and  on  such  terms,  at 
public  or  private  sale,  as  said  court  may  deem  best  for  the  interest  of  said 
school  or  schools ;  and  the  money  realized  on  such  sale,  after  the  payment 
of  the  necessary  expenses  thereof,  shall  become  part  of  the  school  fund 
out  of  which  the  original  loan  was  made.  (R.  S.  1899.) 

Sale  of  land  under  this  section,  how  set  aside.  91  Mo.  585.  Recital  in  deed  from 
county,  that  county  had  appointed  commissioner  to  convey  land,  and  that  grantee 
therein  had  become  the  purchaser  and  paid  price  in  full  with  interest,  does  not  tend 
to  show  private  sale.  101  Mo.  309. 

Where  defendants  allege  that  the  county  court  had  an  agent  present  at  the 
sale,  who  bid  on  the  property,  they  will  not  be  heard  on  appeal  to  deny  the  presence 
of  such  agent,  because  of  the  failure  of  the  county  court  to  appoint  by  entry  of  record. 
91  Mo.  585. 

SEC.  9838.    Loan  of  surplus  district  school  money. — Whenever  it 

shall  be  found  that  any  school  district  has  any  surplus  funds  in  the  county 
treasury,  the  directors  of  such  school  district  may  make  application,  in 
writing,  to  the  county  court,  setting  forth  that  school  funds  are  accumulat- 
ing beyond  the  wants  or  necessities  of  such  district.  Upon  such  applica- 
tion, it  shall  be  the  duty  of  the  county  court  to  cause  such  funds  to  be 
loaned  for  the  use  and  benefit  of  such  school  district.  (R.  S.  1899.) 

SEC.  9839.  How  loaned. — Such  school  funds  shall  be  loaned  at 
the  same  rate  of  interest  and  in  the  same  manner  as  township  school  funds 
are  loaned :  Provided,  that  no  school  tax  shall  be  levied  in  such  district, 
other  than  for  incidental  and  contingent  expenses,  during  the  time  for 
which  such  surplus  fund  is  sought  to  be  loaned;  and  provided  further, 
that  a  free  public  school  shall  be  maintained  in  such  school  district  for  at 
least  six  months  in  each  year.  (R.  S.  1899.) 

The  sureties  on  the  general  bond  of  a  county  treasurer  are  not  liable  for  his 
failure  to  account  for,  and  pay  over  to  his  successor  in  office,  county  and  township 
school  funds.  For  the  special  duties  imposed  upon  him  by  the  school  law  he  is  an- 
swerable on  a  separate  bond.  55  Mo.  80.  A  treasurer  of  a  school  township  is  liable  on 
his  official  bond  for  school  funds  deposited  in  bank,  and  lost  through  the  failure  and 
insolvency  of  the  bank,  although  he  was  not  guilty  of  any  want  of  care  or  prudence  in 
failing  to  ascertain  its  financial  condition.  67  Mo.  395.  Where  the  county  treasurer 
receives  a  check  from  the  state  treasurer  in  payment  of  the  apportionment  of  the 
amount  due  the  county  from  the  public  school  moneys,  and  fails  to  use  diligence  in 
collecting  the  check,  the  loss,  if  any  occur  thereby,  falls  on  the  county  treasurer.  C7 
Mo.  139;  56  Mo.  65.  An  action  on  the  bond  of  a  defaulting  county  treasurer  to  recover 
school  moneys  is  properly  brought  by  the  county  in  the  name  of  the  State  to  the  use 
of  the  county.  The  statute  does  not  require  it  to  be  brought  to  the  use  of  the  county 
clerk.  68  Mo.  454. 

SEC.  9840.  Apportionment  of  public  school  fund — basis  and  time 
of. — The  state  superintendent  of  public  schools  shall,  annually,  in 

the  month  of  July,  apportion  the  public  school  fund  applied  for  the  benefit 
of  the  public  schools  among  the  different  counties,  upon  the  enumeration 


64 

and  returns  made  to  his  office,  and  shall  certify  the  amount  so  apportioned 
to  the  st-ate  auditor,  also  to  the  county  clerk  of  each  county,  stating-  from 
what  source  the  same  is  derived,  which  said  sum  the  several  county 
treasurers  shall  retain  in  their  respective  county  treasuries  from  the  state 
fund;  and  the  county  clerks  shall,  annually,  during  the  month  of  August, 
according  to  the  enumeration  and  returns  in  their  offices,  proceed  to  ap- 
portion the  schoorfunds  Tor  their^respective  counties;  and  no  district, 
city  or  town,  which  shall  have  failed  to  make  and  return  such  enumera- 
tion shall  be  entitled  to  receive  any  portion  of  the  public  school  funds: 
and  in  making  such  distribution,  each  county  clerk  shall  apportion  all 
moneys  collected  on  the  tax  duplicate  of  any  district  for  the  use  of  schools 
to  such  district,  all  moneys  received  from  the  state  treasurer,  and  all 
moneys  on  account  of  interest  of  the  funds  accruing  from  the  sale  of  sec- 
tion sixteen,  or  other  lands  in  lieu  thereof,  to  the  district  schools  in  the 
congressional  townships  and  parts  of  congressional  townships  to  which 
such  land  belonged,  and  all  other  moneys  for  the  use  of  schools  in  the 
county,  and  not  otherwise  appropriated  by'  law,  to  the  proper  district; 
and  he  shall,  immediately  after  making  such  apportionment,  enter  the 
same  in  a  book  to  be  kept  for  that  purpose,  and  shall  furnish  the  district 
clerks,  and  those  of  cities  or  villages,  as  the  case  may  be,  each  with  a  copy 
of  said  apportionment,  and  order  the  county  treasurer  to  place  such 
amount  to  the  credit  of  the  district,  city  or  town  entitled  to  receive  the 
same :  Provided  further,  that  no  district,  city  or  town  that  shall  have 
failed  to  afford  the  children  thereof  the  privileges  of  a  free  school  for  at 
least  six  months  during  the  year  ending  the  3Oth  day  of  June  previous 
to  said  distribution,  provided  a  tax  of  forty  cents  on  the  one  hundred  dol- 
lars assessed  valuation,  together  with  the  public  funds,  will  maintain  the 
same,  shall  be  entitled  to  any  portion  of  the  public  school  fund  for  thai 
year.  (R.  S.  1899.) 

Apportionment  of  public  s-phool  funds.     See  90  Mo.  395;  64  Mo.  26. 

SEC.  9841.  Superintendent  may  correct  error  in  apportionment — 
distribution  of  funds. — The  state  superintendent  of  public  schools  is 
hereby  authorized  to  correct  any  error  made  in  the  apportionment  of  the 
public  school  funds  among  the  various  counties  of  this  state  out  of  the 
public  school  fund  of  a  subsequent  year,  and  the  amount  set  apart*  to  any 
county  for  the  purpose  of  correcting  an  error  shall  be  by  him  certified 
to  the  state  auditor  and  to  the  county  clerk,  and  the  state  auditor  shall 
draw  a  warrant  on  the  state  treasurer  for  the  amount  so  certified  in  favor 
of  the  treasurer  of  said  county,  and  the  county  clerk  shall  apportion  said 
funds  to  the  various  districts  in  said  county  as  the  funds  of  the  year  in 
which  said  error  occurred,  and  the  county  treasurer  may  pay  outstanding- 
warrants  for  teachers'  wages  issued  during  the  school  year  in  which  said 


65 

error  occurred,  not  to  exceed  the  correction  made:  Provided,  that  the 
state  superintendent  of  public  schools  shall  not  correct  any  errors  made 
prior  to  the  apportionment  of  the  public  school  funds  in  July,  1890.  (R. 
S.  1899.) 

SEC.  9842.  Apportionment  of  county  school  money. — The  county 
court  of  each  county  shall,  at  its  August  term  in  every  year,  apportion 
the  county  public  school  moneys  among  the  several  districts  in  the  county, 
according  to  the  enumeration  of  the  pupils  resident  therein.  (R.  S. 
1899.) 

SEC.  9843.  Distribution  of  funds  when  township  lies  in  two  coun- 
ties.— Whenever  any  congressional  township  shall  lie  in  two  or  more 
counties,  the  township  school  fund  of  such  township  shall  be  divided 
among  the  aforesaid  counties  in  proportion  to  the  amount  of  territory  in 
the  fractional  township  included  in  each  county,  as  follows :  The  county 
court  of  the  county  in  which  section  sixteen  is  located  shall,  upon  a  requi- 
sition of  the  county  clerk  of  any  county  containing  a  fractional  part  of 
such  township,  issue  an  order  transferring  the  amount  due  such  county 
under  this  section  into  the  care,  keeping  and  custody  of  the  county  court 
thereof ;  and  said  fund  shall  be  loaned,  and  the  income  derived  therefrom 
shall  be  apportioned  annually  to  such  fractional  township  as  though  it 
were  an  entire  township;  and  the  township  funds  of  all  entire  townships 
and  all  fractional  townships  included  within  the  limits  of  any  county  in 
this  state  shall  be  handled  and  controlled  by  the  proper  officers  of  such 
county,  as  set  forth  in  this  chapter.  The  provisions  of  this  section  shall 
not  apply  to  any  congressional  township  intersected  by  the  Missouri 
river.  (R.  S.  1899.) 

SEC.  9844.  Duties  of  county  clerk — assessment  of  estimates. — 
On  receipt  of  the  estimates  of  the  various  districts,  the  county  clerk 
shall  proceed  to  assess  the  amount  so  returned  on  all  taxable  property, 
real  and  personal,  in  said  district,  as  shown  by  the  last  annual  assess- 
ment for  state  and  county  purposes,  including  all  statements  of  merchants 
in  each  district  of  the  amount  of  goods,  wares  and  merchandise  owned 
by  them  and  taxable  for  state  and  county  purposes :  Provided,  that  the 
levy  thus  extended  shall  not  exceed  in  any  one  year  as  follows:  For 
building  purposes,  one  per  centum  in  districts  formed  of  cities,  towns  and 
villages,  and  not  more  than  sixty-five  cents  on  the  one  hundred  dollars  in 
other  districts ;  for  school  purposes,  one  per  centum  in  districts  formed 
of  cities,  towns  and  villages,  and  not  more  than  sixty-five  cents  on  the  one 
hundred  dollars  in  other  districts ;  for  sinking  fund,  forty  cents  on  the 
one  hundred  dollars  valuation,  and  a  sufficient  amount  to  pay  interest  on 
bonded  indebtedness;  all  of  which  shall  be  extended  by  the  county  clerk 


66 

upon  the  general  tax-books  of  the  county  for  said  year  in  separate  col- 
umns arranged  for  that  purpose;  and  the  county  clerk  shall  list  the 
names  of  all  persons  owning  any  personal  property  who  do  not  reside 
in  any  school  district,  and  the  value  thereof ;  also  list  all  lands  and  town 
lots  in  any  territory  not  organized  into  a  school  district,  and  shall  levy 
a  tax  of  forty  cents  on  the  one  hundred  dollars  valuation  on  all  such  tax- 
able property,  said  taxes  to  be  collected  as  other  taxes  and  distributed  as 
provided  in  section  9840 ;  and  it  shall  be  the  duty  of  the  county  assessor 
in  listing  property  to  take  the  number  of  the  school  district  in  which  said 
tax-payer  resides  at  the  time  of  taking  his  list,  to  be  by  him  marked  on 
sard  list  and  also  on  the  personal  assessment  book,  in  columns  provided 
for  that  purpose.  (R.  S.  1899.) 

County  clerk  has  no  authority  to  assess  property  for  school  or  other  taxes.  34  A. 
337.  Nor  to  extend  upon  tax-books  without  order  of  county  court,  when.  135  Mo.  618. 

County  courts  have  no  power  to  alter  the  assessment  of  taxes  to  build  school- 
houses  merely  on  the  alleged  ground  that  the  school-house  was  unnecessary;  the  de- 
cision of  that  question  is  left  to  the  local  directors,  and  that  tribunal  has  no  control 
over  the  county  clerk  in  respect  to  the  assessment  and  extension  of  school  taxes.  52 
Mo.  218;  67  Mo.  706. 

A  school  estimate  stating  rate  of  levy  but  omitting  amounts  of  the  several  funds 
is  not  illegal  on  that  account.  126  Mo.  472. 

The  court  will  not  compel  a  county  clerk  by  mandamus  to  extend  school  taxes  on 
property  not  lawfully  subject  thereto.  120  Mo.  67. 

SEC.  9845.    Compensation  of  county  clerk  for  labor  on  tax-book. — 

The  county  clerk  shall  receive  as  full  compensation  therefor  ten  cents 
for  every  hundred  figures  in  school  tax  column  on  general  tax-book ;  to 
be  paid  by  the  county  treasurer,  upon  warrant  issued  by  the  county  court. 
(R.  S.  1899.) 

SEC.  9846.  Report  of  county  clerk  to  state  superintendent. — The 
clerk  of  each  and  every  county  court  shall,  on  or  before  the  thirty-first  day 
of  July,  annually,  make  out  and  transmit  to  the  state  superintendent  of 
public  schools,  at  Jefferson  City,  an  abstract  of  all  the  returns  of  school 
districts,  cities  or  towns  in  his  county  made  to  him  according  to  the  form 
that  may  be  prescribed  by  the  state  superintendent ;  also  the  amount  of 
income  of  the  school  funds  of  said  county,  and  amount  realized  from 
taxes  collected  therein.  (R.  S.  1899.) 

The  State  Superintendent  is  required  to  apportion  the  State  school  moneys  in 
July,  therefore,  the  enumeration  should  be  forwarded  not  later  than  July  15th. 

SEC.  9847.  Collector's  receipts  and  compensation. — It  shall  be 
the  duty  of  the  county  clerk  to  take  a  receipt  from  the  county  collector 
for  the  school  taxes  by  him  placed  on  the  general  tax-books;  and  the 
collector  shall  proceed  to  collect  the  same,  in  like  manner  as  the  state 
and  county  taxes  are  or  may  be  collected,  and  he  shall  receive,  as  full 
compensation  for  his  services,  on  the  amount  collected  and  paid  over 
by  him  the  same  per  cent,  as  is  allowed  by  law  to  collectors  for  collect- 


67 

ing  other  taxes ;  and  he  shall  pay  over  monthly,  to  the  county  treasurer, 
all  such  taxes  collected  and  take  his  receipt  therefor.  (R.  S.  1899.) 

SEC.  9848.  Collections  of  delinquent  taxes.— The  collector  shall 
at  the  same  time  of  returning  the  land  delinquent  list  for  state  and 
county  taxes,  return  therewith  all  land  school  taxes  herein  provided  for, 
which  shall  remain  unpaid,  and  when  so  returned  the  same  shall  be  a 
.lien  on  such  real  estate,  and  be  collected  in  the  same  manner  that  other 
delinquent  taxes  on  land  are  collected;  and  when  so  collected  shall  be 
paid  over  to  the  county  treasurer  as  other  school  taxes.  (R.  S.  1899.) 

SEC.  9849.  Treasurers  and  their  duties. — The  county  treasurer 
in  each  county  shall  be  the  treasurer  of  all  moneys  for  school  purposes 
belonging  to  the  different  districts,  until  paid  out  on  warrants  duly  issued 
by  order  of  the  board  as  authorized  by  this  chapter,  except  in  counties 
having  adopted  the  township  organization  law,  in  which  counties  the 
township  trustee  shall  be  the  treasurer  of  all  school  moneys  belonging 
to  the  township,  and  be  subject  to  corresponding  duties  as  the  county 
treasurer;  and  said  treasurers  shall  pay  all  orders  heretofore  legally 
drawn  on  township  clerks,  and  not  paid  by  such  township  clerks,  out 
of  the  proper  funds  belonging  to  the  various  districts ;  and  on  his  elec- 
tion, before  entering  upon  the  duties  of  his  office,  he  shall  give  a  sepa- 
rate bond,  with  sufficient  security,  in  double  the  probable  amount  of 
school  moneys  that  shall  come  into  his  hands,  payable  to  the  state  of 
Missouri,  to  be  approved  by  the  county  court,  conditioned  for  the  faith- 
ful disbursement,  according  to  law,  of  all  such  moneys  as  shall  from 
time  to  time  come  into  his  hands;  and  on  the  forfeiture  of  such  bond, 
it  shall  be  the  duty  of  the  county  clerk  to  collect  the  same  for  the  use 
of  the  schools  in  the  various  districts.  If  such  county  clerk  shall  neglect 
or  refuse  to  prosecute,  then  any  freeholder  may  cause  prosecution  to  be 
instituted.  It  shall  be  the  duty  of  the  county  court  in  no  case  to  permit 
the  county  treasurer  to  have  in  his  possession,  at  any  one  time,  an  amount 
of  school  moneys  over  one-half  the  amount  of  the  security  available  in 
the  bond ;  and  the  county  treasurer  shall  be  allowed  such  compensation 
for  his  services  as  the  county  court  may  deem  advisable,  not  to  exceed 
one-half  of  one  per  cent,  of  all  school  moneys  disbursed  by  him,  and  to 
be  paid  out  of  the  county  treasury.  (R.  S.  1899.) 

County  treasurer's  bond  as  custodian  ef  school  moneys.    72  Mo.  486,  3S7;  7  A.  339. 

SEC.  9850.  Settlement  of  treasurers. — The  county  or  township 
treasurer  shall,  annually,  between  the  first  and  fifteenth  of  July,  settle 
with  the  county  clerk,  and  account  to  him  for  all  school  moneys  or 
funds  received,  from  whom  and  on  what  account,  and  the  amount  paid 
out  for  school  purposes  to  the  various  districts  of  the  county.  The 
county  clerk  shall  examine  the  vouchers  for  such  payment,  and,  if 


68 

satisfied  with  the  correctness  thereof,  shall  certify  the  same,  which  cer- 
tificate shall  be  prima  facie  a  discharge  of  such  liability  of  the  treasurer 
for  the  funds  expressed  in  the  vouchers;  and  at  the  expiration  of  his 
term  of  service,  said  treasurer  shall  deliver  over  to  his  successor  in 
office  all  books  and  papers,  with  all  moneys  or  other  property  in  his 
hands,  and  also  all  orders  he  may  have  redeemed  since  his  last  annual 
settlement  with  the  county  clerk,  and  take  the  receipt  of  his  successor 
therefor,  which  he  shall  deposit  with  the  county  clerk  within  ten  days 
thereafter.  (R.  S.  1899.) 

SEC.  9851.  Penalty  for  failure  to  make  settlement. — In  case  the 
county  or  township  treasurer  shall  fail  to  make  such  annual  settlement 
with  the  county  clerk,  within  the  time  prescribed  in  the  preceding  sec- 
tion, he  shall,  in  addition  to  the  sums  remaining  unaccounted  for,  be 
liable  to  pay  a  fine  of  five  hundred  dollars,  to  be  recovered  in  a  civil 
action,  in  the  name  of  the*  state  of  Missouri,  and  when  collected  to  be 
applied  to  the  use  of  public  schools  in  such  county;  and  it  is  hereby 
made  the  duty  of  the  county  clerk  to  proceed  forthwith,  in  case  of  such 
failure,  by  suit  against  such  treasurer  before  any  proper  tribunal  to 
recover  the  penalty  aforesaid;  but  when  it  appears  on  trial,  to  the  satis- 
faction of  said  court,  that  said  treasurer  was  prevented  from  making 
such  settlement  within  the  time  by  sickness  or  unavoidable  absence  from 
home,  it  shall  be  the  duty  of  the  court  to  discharge  such  treasurer  on  his 
paying  the  costs.  (R.  S.  1899.) 

SEC.  9852.  Title  of  property. — The  title  of  all  school-house  sites 
and  other  school  property  shall  be  vested  in  the  board  of  directors, 
for  the  use  of  the  district  in  which  the  same  may  be  located ;  and  all 
property  leased  or  rented  for  school  purposes  shall  be  wholly  under 
the  control  of  the  school  board  during  such  time;  but  no  board  shall 
lease  or  rent  any  building  for  school  purposes  while  the  district  school 
house  is  unoccupied,  and  no  school  house  or  school  site  shall  be  aban- 
doned or  sold  until  another  site  and  house  are  provided  for  such  school 
district.  (R.  S.  1899.) 

SEC.  9853.  Blanks  for  reports. — The  blanks  for  the  reports  re- 
quired to  be  made  by  the  various  school  officers  under  the  provisions 
of  this  chapter  shall  be  printed  under  the  direction  of  the  commissioners 
of  public  printing,  in  the  form  prescribed  by  the  state  superintendent 
of  public  schools,  to  be  paid  for  in  like  manner  and  upon  the  same 
terms  as  other  public  printing.  (R.  S.  1899.) 

SEC.  9854.  State  superintendent — election  and  term  of  office.— 
There  shall  be  elected  by  the  qualified  voters  of  this  state,  at  the  next 
general  election  for  state  and  county  officers,  and  every  four  years  there- 
after, a  state  superintendent  of  public  schools,  who  shall  enter  upon 
the  discharge  of  his  duties  on  the  fecond  Monday  of  January  next  fol- 


69 

lowing  his  election,  and  hold  his  office  for  the  term  of  four  years  and 
until  his  successor  is  elected  and  qualified.  The  election  of  said  super- 
intendent and  the  returns  thereof  shall  be  the  same  in  all  respects  as 
provided  for  the  election  of  other  state  officers;  and  in  case  of  vacancy 
occurring  in  said  office,  by  death,  resignation  or  otherwise,  the  governor 
shall  fill  the  same  by  appointment,  who  shall  hold  his  office  until  the 
next  general  election.  (R.  S.  1899.) 

SEC.  9855.  Bond  and  qualification. — Before  entering  upon  the 
discharge  of  his  official  duties,  the  said  superintendent  shall  give  bond 
in  the  penal  sum  of  ten  thousand  dollars  to  the  state  of  Missouri  with 
two  or  more  sureties,  to  the  acceptance  of  the  secretary  of  state,  condi- 
tioned that  he  will  truly  account  for  and  apply  all  moneys  or  other  prop- 
erty which  may  come  into  his  hands,  in  his  official  capacity,  for  the  use 
and  benefit  of  public  schools,  and  that  he  will  faithfully  perform  the 
duties  enjoined  upon  him  by  law;  and  he  shall  take  and  subscribe  the 
oath  or  affirmation  required  by  the  constitution  of  the  state,  and  dili- 
gently and  faithfully  discharge  the  duties  of  his  office  as  prescribed  by 
'law ;  which  bond,  with  certificate  indorsed  thereon,  shall  be  filed  with 
the  secretary  of  state.  (R.  S.  1899.) 

SEC.  9856.  Powers  and  duties. — He  shall  reside,  and  the  books 
and  papers  of  his  department  shall  be  kept,  at  the  seat  of  government, 
where  a  suitable  office  shall  be  provided  by  the  state,  at  which  he  shall 
give  his  attendance  when  not  absent  on  public  business.  He  shall  ex- 
ercise such  supervision  over  the  educational  funds  of  the  state  as  may 
be  necessary  to  secure  their  safety  and  correct  application  and  distribu- 
tion according  to  law.  He  shall  also  have  power  to  require  of  county 
clerks  or  treasurers,  boards  of  education  or  other  school  officers,  re- 
corders and  treasurers  of  cities,  towns  and  villages,  copies  of  all  records 
by  them  required  to  be  made,  and  all  such  other  information  in  relation 
to  the  funds  and  condition  of  schools  and  the  management  thereof,  as 
may  be  deemed  important;  and  he  shall  cause  as  many  copies  of  the 
law  relating  to  schools,  with  instructions  for  carrying  into  execution 
of  such  laws,  to  be  printed  in  a  separate  volume  and  distributed  to  each 
county  in  the  state  for  the  use  of  school  officers  therein,  and  all  the 
blanks  that  may  be  necessary  for  the  supply  of  all  officers  provided  for 
by  this  chapter,  as  often  as  any  change  in  said  laws  may  be  made  of 
sufficient  importance  in  the  opinion  of  the  superintendent  to  require  re- 
publication  and  distribution  thereof,  and  all  moneys  necessarily  expended 
in  performance  of  the  duties  required  in  this  section  shall  be  allowed 
by  the  auditor  and  paid  out  of  the  state  treasury.  He  shall  also  have 
authority  to  examine  teachers  and  grant  certificates  of  qualifications  to 
those  who  pass  a  satisfactory  examination,  but  the  applicant  shall  not 


70 

be  charged  any  fee  for  such  examination  or  certificate,  nor  shall  the  state 
superintendent  receive  any  fee  or  compensation  therefor ;  and  any  person 
holding  such  certificate  from  him  shall  be  permitted  to  teach  without 
further  examination  from  other  authorized  examiners.  Said  certificate 
may  be  revoked  by  the  state  superintendent  for  incompetency,  cruelty, 
immorality,  drunkenness  or  neglect  of  duty.  (R.  S.  1899.) 

SEC.  9857.  Shall  employ  chief  clerk — salary. — The  state  superin- 
tendent shall  be  entitled  to  employ  a  chief  clerk,  who  shall  sustain  the 
same  relations  to  the  state  superintendent  as  are  sustained  by  the  chief 
clerks  of  other  state  officers.  The  chief  clerk  shall  perform  such  clerical 
and  other  work  as  may  be  directed  by  the  state  superintendent,  and 
shall  hold  his  office  at  the  pleasure  of  the  state  superintendent,  and  shall 
receive  a  salary  not  to  exceed  two  thousand  dollars  per  annum.  (Ses- 
sion Acts  1901.) 

SEC.  9858.  Annual  report  of  superintendent. — It  shall  be  the  duty 
of  said  superintendent  of  public  schools  to  make  an  annual  report  on 
or  before  the  first  Wednesday  in  January  in  each  and  every  year,  to 
the  general  assembly  when  that  body  shall  be  in  session  any  such  year, 
and  when  not  in  session  any  one  year,  then  the  report  shall  be  made  to 
the  governor,  who  shall  cause  the  same  to  be  published,  and  shall  also 
communicate  a  copy  thereof  to  the  next  general  assembly.  The  state 
superintendent  in  the  annual  report  of  his  labors  and  observations  shall 
present  a  statement  of  the  condition  and  amount  of  all  funds  and  prop- 
erty appropriated  to  purposes  of  education ;  a  statement  of  the  number 
of  public  schools  in  the  state,  the  number  of  pupils  attending  such 
schools,  their  sex,  and  the  branches  taught;  a  statement  of  the  number 
of  teachers  employed,  their  sex,  the  average  amount  of  wages  paid  to 
such  teachers,  the  number  of  teachers'  institutes  formed  and  the  condition 
of  the  same,  the  number  of  teachers  engaged  in  teaching  within  the 
state  who  have  been  trained  for  not  less  than  six  months  in  either  of 
the  state  normal  schools;  a  statement  of  the  estimates  and  accounts  of 
the  expenditures  of  public  school  funds  of  every  description"  a  state- 
ment of  plans  for  the  management  and  improvement  of  public  schools, 
and  such  other  information  relative  to  the  educational  interests  of  the 
state  as  he  may  deem  important;  but  no  such  report  shall  exceed  two 
hundred  pages  of  printed  matter  of  ordinary  book  form.  He  shall  spend 
annually  at  least  five  days  in  each  congressional  district  of  the  state, 
conferring  with  the  board  of  education  and  other  school  officers,  coun- 
seling teachers,  visiting  schools,  delivering  lectures,  and,  in  short,  do 
what  may  be  in  his  power  to  elevate  the  standard  of  instruction  in  the 
public  schools.  All  money  reasonably  expended  by  him  in  the  execu- 
tion of  his  duties,  as  prescribed  by  this  section,  shall  upon  due  proof 


be  allowed  him  by  the  auditor,  and  paid  out  of  the  state  treasury: 
Provided,  that  no  personal  expenses  be  included  in  the  above  allowance: 
and  provided  further,  that  the  amount  to  be  drawn  under  the  provisions 
of  this  section  shall  not  exceed  the  sum  of  five  hundred  dollars  for  any 
one  year.  (R.  S.  1899.) 

SEC.  9859.  Restrictions  and  penalties. — The  state  superintendent 
shall  not  act  as  agent  for  any  author,  publisher  or  book-seller,  or  manu- 
facturer or  vender  of  school  furniture  or  apparatus,  nor  directly  or  indi- 
rectly receive  any  gift,  emolument,  reward,  or  promise  of  reward,  for 
his  influence  in  recommending  or  procuring  the  use  of  any  text-book, 
school  apparatus  or  furniture  of  any  kind  whatever,  in  any  public  school. 
Any  superintendent  who  shall  violate  the  provisions  of  this  section  shall 
be  guilty  of  a  felony,  and  shall,  upon  conviction  thereof,  be  punished  by 
imprisonment  in  the  penitentiary  for  a  period  not  less  than  two  years; 
and  the  provisions  of  this  section  shall  apply  to  county  commissioners. 
(R.  S.  1899.) 


ARTICLE  II. 


CITIES,  TOWNS  AND  VILLAGES. 


SECTION 

9860.  Organization  of  city,  town  and  vil- 

lage    school     districts— corporate 
powers. 

9861.  To  organize  and  elect  six  directors. 

9862.  Government    of    district— tenure    of 

directors — vacancies,   how  filled. 

9863.  Election  of  directors. 

9864.  Officers  of  board  and  their  duties. 

9865.  Graded  and  primary  schools  to  be 
-    established,  and  sites  located. 

9865a.  Village  school  district— how  disor- 
ganized. 

9866.  Duties,  restrictions  and  liability  of 

the  board. 

9867.  School   term. 

9868.  Bond  of  treasurer. 

9S69.  Liability  of  treasurer  for  sinking 
fund  and  interest— compensation. 

9870.  District  moneys  to  be  paid  to  treas- 
urer. 


SECTION 

9871.  Settlement   of   treasurer. 

9872.  Duties   of  county   clerk— how   paid. 

9873.  Duties  of  collectors. 

9874.  Regulations  governing  elections  at 

annual  meetings. 

9875.  Change  of  boundary  lines. 

9876.  Annexation      to      school      districts 

when    corporate    limits    are    ex- 
tended. 

9877.  Employment  of  members  of  school 

board,    and   publication   of   finan- 
cial report  . 

9878.  Boards    in    certain    cities    to    pur- 

chase site,  etc.,  when. 

9879.  Board   may   accept   gifts,    etc.,    for 

libraries. 

9879a.  Depositories  of  school  moneys. 
New     Section.    Classification      of      high 

schools. 
New  Section.    Inspection  of   high  schools. 


SEC.  9860.  Organization  of  city,  town  and  village  school  districts 
— corporate  powers. — Any  city,  town,  or  village,  the  plat  of  which 
has  been  previously  filed  in  the  recorder's  office  of  the  county  in  which 
the  same  is  situated  together  with  the  territory  which  is  or  may  be  at- 
tached thereto  or  any  school  district  having  two  hundred  or  more  children 
of  school  age  by  the  last  enumeration,  may  be  organized  into  a  single 
school  district,  and,  when  so  organized,  shall  be  a  body  corporate,  and 
known  as  the  school  district  of  -  — ,  and  in  that  name  may  sue  and 

be  sued,   and  possess  the  same  corporate  powers  and  be  governed  the 


72 

same  as  other  school  districts,  except  as  herein  provided;  and  every  ex- 
tension that  has  heretofore  been  made  or  that  hereafter  may  be  made  of 
the  limits  of  any  city,  town  or  village  that  is  now  or  may  be  hereafter 
organized  under  the  laws  of  this  state  shall  have  the  effect  to  extend 
the  limits  of  such  city,  town  or  village  school  district  to  the  same  extent, 
and  such  extension  of  the  limits  of  any  city,  town  or  village  school  dis- 
trict shall  take  effect  on  the  first  day  of  July  next  following  the 
extension  of  the  limits  of  such  city,  town  or  village;  and  every 
city,  town  or  village  which  has  heretofore  organized  under  any 
law  of  this  state  as  a  board  of  education  shall  hereafter  be  known 
and  styled  the  school  district  of  such  city,  town  or  village,  and  by  such 
name  may  sue  and  be  sued,  and  shall  succeed  to  all  the  property,  rights 
and  privileges  of  such  board  of  education,  and  shall  be  liable  to  all  its 
debts  and  liabilities;  and,  in  addition  to  the  powers  hereinbefore  given  to 
school  districts,  shall  have  power,  under  and  pursuant  to  existing  laws, 
to  issue  renewal  funding  bonds  for  such  district,  to  be  exchanged  for 
outstanding  bonds  issued  by  such  board  of  education,  or  to  be  sold  for  the 
purpose  of  meeting  and  paying  any  matured  or  maturing  bonded  indebt- 
edness of  said  board  of  education  or  school  district.  (Session  Acts  1903.) 

Under  this  section  rural  school  districts  may  be  united  into  one  district  as  pro- 
vided in  section  9742  and  when  the  new  district  has  two  hundred  or  more  children  of 
school  age,  it  can  organize  under  this  article.  This  is  another  way  of  providing  for 
rural  high  schools. 

This  section  is  constitutional.  45  Mo.  458.  Unincorporated  towns  not  legally 
organized  as  school  district.  Subsequent  legislation  will  not  affect  acquired  rights  of 
parties  under  the  law.  46  Mo.  376.  The  whole  sub-district  need  not  be  included.  50 
Mo.  268.  Territory  outside  of  corporate  limits  may  be  taken  in  and  attached  for  school 
purposes.  53  Mo.  127;  60  Mo.  540;  64  Mo.  53;  65  Mo.  587;  93  Mo.  at  655;  99  Mo.  332.  School 
district  has  power  to  change  and  extend  its  limits,  although  town  is  not  incorporated. 
56  Mo.  231;  68  A.  397.  Each  organized  school  district  is  a  body  corporate  and  its.  terri- 
torial form  can  be  changed  only  in  manner  pointed  out  by  statute.  120  Mo.  67.  Special 
school  district  power  to  condemn  land  for  school-house  site.  125  Mo.  439.  Suit  against 
school  district,  process  on  whom  served.  42  A.  154.  Only  an  authorized  common  school 
district,  having  a  village  therein,  the  plat  of  which  has  been  filed,  can  be  organized 
into  a  village  school  district.  75  A.  at  327. 

SEC.  9861.  To  organize  and  elect  six  directors. — Whenever  it1 
may  be  desired  to  organize  a  common  school  district  into  a  city,  town  or 
village  school  district,  with  special  privileges  granted  under  this  article 
the  board  of  directors  shall,  upon  the  reception  of  a  petition  to  that  effect 
and  signed  by  ten  qualified  voters  who  are  resident  tax-payers  of  the  dis- 
trict, order  an  election  held  for  that  purpose,  and  shall  give  notice  of 
such  election  by  notices  posted  in  five  public  places  within  the  district  for 
fifteen  days  prior  to  the  day  of  such  election — said  meeting  to  be  held  at 
2  o'clock  p.  m.,  at  the  public  school  house  in  said  district,  if  there  be 
one,  but  if  there  be  no  public  school  house,  then  at  such  place  within  the 


73 

district  as  may  be  designated  in  the  notices ;  and  when  said  meeting  is 
assembled,  it  shall  elect  a  chairman  and  secretary,  who  shall  keep  a  cor- 
rect record  of  the  proceedings  of  said  meeting  and  turn  the  same  over 
to  the  board,  properly  signed  and  attested  by  the  chairman,  and  the  board 
shall  have  a  copy  of  the  same  entered  upon  the  district  records;  said 
election  may  be  held  at  an  annual  or  at  a  special  meeting,  and  the  order 
of  business  under  this  section  shall  be  as  follows: 

First — To  organize  as  a  city,  town  or  village  school  district;  those 
voting  for  the  organization  shall  have  written  or  printed  on  their  ballots 
"For  organization,"  and  those  voting  against  the  organization  shall  have 
written  or  printed  on  their  ballots  "Against  organization ;"  and  each  per- 
son desiring  to  vote  shall  advance  to  the  front  of  the  chairman  and  de- 
posit his  ballot  in  a  box  to  be  used  for  that  purpose.  When  all  present 
shall  have  voted  the  chairman  shall  appoint  two  tellers,  who. shall  call 
each  ballot  aloud,  and  the  secretary  shall  keep  a  tally  and  report  to  the 
chairman,  who  shall  announce  the  result;  and  if  a  majority  of  the  votes 
cast  are  "for  organization/'  the  chairman  shall  call  the  next  order  of 
business. 

Second — To  elect  six  directors,  as  follows :  two  shall  be  elected  for 
three  years,  two  for  two  years  and  two  for  one  year,  and  each  director 
shall  be  elected  separately,  and  the  result  announced  in  the  manner  pre- 
scribed for  organization.  If  said  election  is  held  at  a  special  meeting, 
from  then  until  the  next  annual  meeting  shall  be  taken  as  one  year,  so 
far  as  relates  to  the  terms  of  the  directors  elected.  The  directors  chosen 
must  comply  with  the  requirements  of  section  9864.  (R.  S.  1899.) 

It  is  self-evident  that  sections  9860  and  9861  must  be  construed  together.  Section 
9860  authorizes  the  organization  of  a  city,  town  or  village,  the  plat  of  which  has  been 
previously  filed  in  the  recorder's  office  of  the  county  in  which  the  same  is  situated, 
together  with  territory  attached  thereto,  or  any  school  district  having  two  hundred 
or  more  children  of  school  age,  to  organize  into  a  single  school  district,  possessing 
certain  special  powers;  and  section  9861  provides  the  manner  of  effecting  such  or- 
ganization. 

By  "territory  attached  thereto"  is  unquestionably  meant  such  territory  as  may 
belong  to  the  school  district,  lying  outside  of  the  corporate  limits  of  the  city  or  town. 
Under  a  prior  statute,  the  supreme  court  held  that  in  the  formation  of  a  district  under 
this  act,  territory  belonging  to  adjacent  districts  could  be  attached  without  the  con- 
sent of  such  districts.  The  present  statute  does  not  admit  of  the  dismemberment  of 
districts  in.  this  manner.  -If  it  is  considered  desirable  to  include  in  the  organization 
territory  belonging  to  adjoining  districts,  the  boundary  lines  must  either  be  changed 
in  the  manner  provided  in  section  7942  before  organizing,  or  in  the  manner  provided 
in  section  9875  after  completing  the  organization.  The  best  way  to  secure  good  graded 
rural  schools  and  high  schools  within  reach  of  the  homes  of  rural  boys  and  girls  is  to 
organize  a  town  or  village  district  under  this  article  and  so  extend  its  boundary  lines 
as  to  include  all  districts  and  territory  within  five  or  six  miles  of  the  village.  The  dis- 
trict could  maintain  elementary  schools  sufficient  to  put  every  child  under  fourteen 
within  two  miles  of  a  good  elementary  school  and  one  school  of  higher  grade  for  all 
older  and  more  advanced  within  five  miles.  The  little  independent  school  district  with 


74 

less  than    twenty    children    is    too    expensive.     Consolidate,    harmonize,    organize    and 
economize.    The  law  furnishes  the  opportunity. 

Territory  embraced  in  a  school  sub-district  outside  of  and  adjoining  an  incor- 
porated town  may  be  organized  at  the  same  time  with  that  p*art  within  the  corporate 
limits.  64  Mo.  53;  60  Mo.  540;  65  Mo.  587.  A  school  district  is  a  quasi  corporation,  and 
the  powers  of  the  corporators  and  directors  are  prescribed  and  limited  by  statute. 
25  A.  85.  The  territorial  form  of  a  school  district  can  be  changed  only  in  the  manner 
pointed  out  by  the  statutes.  120  Mo.  67. 

SEC.  9862.  Government  of  districts — tenure  of  directors — vacan- 
cies, how  filled. — The  government  and  control  of  such  city,  town  or 
village  district  shall  be  vested  in  a  board  of  six  directors,  who  shall  hold 
their  office  for  three  years  and  until  their  successors  are  duly  elected 
and  qualified,  and  any  vacancy  occurring  in  said  board  shall  be  filled  in 
the  same  manner  and  with  like  effect  as  vacancies  occurring  in  boards 
of  other  school  districts  are  required  to  be  filled,  and  the  person  appointed 
shall  hold  office  till  the  next  annual  meeting,  when  a  director  shall  be 
elected  for  the  unexpired  term.  (R.  S.  1899.) 

SEC.  9863.  Election  of  directors. — The  qualified  voters  of  the 
district,  shall,  annually,  on  the  first  Tuesday  of  April,  elect  two  directors, 
who  are  citizens  of  the  United  States,  resident  tax-payers  and  qualified 
voters  of  the  district,  and  who  shall  have  paid  a  state  and  county  tax 
within  one  year  next  preceding  their  election  or  appointment,  who  shall 
hold  their  office  for  three  years  and  until  their  successors  are  duly 
elected  and  qualified ;  and  all  vacancies  in  the  board  shall  be  filled  for  the 
unexpired  term.  (R.  S.  1899.) 

A  woman  is  not  eligible  as  school  director,  under  this  section.    137  Mo.  628,  636. 

SEC.  9864.  Officers  of  board  andHheir  duties. — Within  four  days 
after  the  annual  meeting  the  board  shall  meet,  the  newly  elected  mem- 
bers be  qualified,  and  the  board  organized  by  the  election  of  a  president 
and  vice-president,  and  the  board  shall,  on  or  before  the  fifteenth  day  of 
July  of  each  year,  elect  a  secretary  and  a  treasurer,  who  shall  enter  upon 
their  respective  duties  on  the  fifteenth  day  of  July;  said  secretary  and 
treasurer  may  be  or  may  not  be  members  of  the  board.  No  compensa- 
tion shall  be  granted  to  either  the  secretary  or  the  treasurer  until  his 
report  and  settlement  shall  have  been  made  and  filed  or  published  as  the 
law  directs.  A  majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  no  contract  shall  be"  let,  teacher  Employed, 
bill  approved  or  warrant  ordered,  unless  a  majority  of  the  whole  board 
shall  vote  therefor.  The  president  and  secretary  except  as  herein  speci- 
fied, shall  perform  the  same  duties  and  be  subject  to  the  same  liabilities 
as  the  presidents  and  clerks  of  the  school  boards  of  other  districts.  (R. 
S.  1899.) 

Proceedings  of  board  of  school  directors  must  be  shown  by  their  record.  48  A. 
408;  54  A.  202. 


75 

SEC.  9865.  Graded  and  primary  schools  to  be  established  and  sites 
located. — When  the  demands  of  the  district  require  more  than  one 
public  school  building  therein,  the  board  shall,  as  soon  as  sufficient  funds 
have  been  provided  therefor,  establish  an  adequate  number  of  primary 
or  ward  schools,  corresponding  in  grade  to  those  of  other  public  school 
districts,  and  for  this  purpose  the  board  shall  divide  the  district  into 
school  wards,  and  fix  the  boundaries  thereof,  and  the  board  shall  select 
and  procure  a  site  in  each  newly  formed  ward,  and  erect  a  suitable  school 
building  thereon  and  furnish  the  same;  and  the  board  may  also  establish 
a  school  of  a  higher  grade,  in  which  studies  not  enumerated  in  section 
9798  may  be  pursued;  and  whenever  there  is  within  the  district  any 
school  property  that  is  no  longer  required  for  the  use  of  the  district,  the 
board  is  hereby  authorized  to  advertise,  sell  and  convey  the  same,  and 
the  proceeds  derived  therefrom  shall  be  placed  to  the  credit  of  the  build- 
ing fund  of  such  district.  (R.  S.  1899). 

Directors  have  no  power  to  change  site  "of  school-house  or  erect  new  school- 
house  on  new  site  without  the  sanction  of  the  voters  of  the  district.  25  A.  85. 

The  purpose  of  the  public  school  laws  is  two  fold,  to  wit:  To  establish  primary 
grade  schools  sufficient  to  meet  the  demands  of  all  children  of  the  district  of  that 
class,  and,  second,  after  these  primary  demands  have  been  met  and  satisfied,  to  es- 
tablish higher  grade  schools  within  the  limits  of  the  school  fund  provided  and  avail- 
able. 155  Mo.  571. 

SEC.  98653.     Village    school    districts — how    disorganized. — Any 

village  school  district  heretofore  organized  under  the  laws  of  this  state, 
or  may  be  hereafter  organized  into  village  school  districts  in  this  state, 
shall  be  privileged  to  disorganize  or  abolish  such  organization  of  a 
village  school  district  by  the  resident  voters  and  tax-payers  of  such 
village  school  district  first  giving  fifteen  days'  notice,  which  notice  shall 
be  signed  by  at  least  ten  qualified  resident  voters  and  tax-payers  of 
such  village  school  district ;  and  there  shall  be  five  notices  put  up  in  five 
public  places  in  said  village  school  district.  Such  notices  shall  recite 
therein  that  there  will  be  a  public  meeting  of  the  resident  voters  and 
tax-payers  of  said  village  school  district  at  the  school  house  in  said 
village  school  district,  and  at  said  meeting  if  two-thirds  of  the  resident 
voters  and  tax-payers  of  such  village  school  district  shall  vote  to  dissolve 
any  such  village  school  district  then  from  and  after  that  date  of  proceed- 
ings the  said  village'school  district  shall  be  dissolved,  and  the  same  terri- 
tory included  in  said  village  school  district  may  be  organized  into  a 
school  district  under  article  one  of  chapter  154.  (Session  Acts  1901.) 
SEC.  9866.  Duties,  restrictions  and  liabilities  of  board. — The 
board  shall,  except  as  herein  provided,  perform  the  same  duties  and  be 
subject  to  the  same  restrictions  and  liabilities  as  the  boards  of  other 
school  districts  acting  under  the  general  school  laws  of  the  state:  Pro- 


76 

vidcd,  however,  that  in  cities  as  hereinafter  specified,  the  board  of  educa- 
tion shall  have  power  to  establish  and  maintain  a  library  for  the  use  of 
the  public  school  district  therein,  and  to  appropriate  such  sums  as  they 
may  deem  proper  for  the  support  thereof,  not  to  exceed  in  any  one  year 
two  thousand  five  hundred  dollars  for  cities  of  twenty  thousand  and  under 
one  hundred  thousand  inhabitants,  and  not  to  exceed  five  hundred  dollars 
for  cities  of  five  thousand  and  under  twenty  thousand  inhabitants,  and 
not  to  exceed  two  hundred  and  fifty  dollars  for  cities  of  one  thousand  and 
under  five  thousand  inhabitants — the  population  to  be  determined  by  the 
last  United  States  or  municipal  census.  (R.  S.  1899.) 

SEC.  9867.  School  term. — The  board  shall  keep  a  common  seal 
with  which  to  attest  its  official  acts.  The  board  shall  have  power  and 
they  are  required  to  continue  the  public  schools  in  their  respective  dis- 
tricts for  a  period  of  not  less  than  seven  nor  more  than  ten  months, 
when  the  effect  of  such  continuance  will  not  increase  the  total  estimate 
for  school  purposes  to  an  amount  exceeding  forty  cents  on  the  hundred 
dollars  assessed  valuation  of  the  taxable  property  of  the  district,  unless 
duly  ordered  in  compliance  with  the  provisions  of  section  9777,  fifteen 
days'  notice  having  been  given  that  such  increase  would  be  voted  upon. 
(R.  S.  1899.) 

SEC.  9868.  Bond  of  treasurer. — The  treasurer,  before  entering 
upon  the  discharge  of  his  duties  as  such,  shall  enter  into  a  bond  to  the 
state  of  Missouri,  with  two  or  more  sureties,  to  be  approved  by  the 
board,  conditioned  that  he  will  render  a  faithful  and  just  account  of 
all  money  that  may  come  into  his  hands  as  such  treasurer,  and  other- 
wise perform  the  duties  of  his  office  according  to  law — said  bond  to  be 
filed  with  the  secretary  of  the  board;  and  thereafter  said  treasurer  shall 
be  the  custodian  of  all  school  moneys  derived  from  taxation  for  school 
purposes  in  said  district  until  paid  out  on  the  order  of  the  board,  and 
on  breach  of  the  conditions  of  said  bond,  the  secretary  of  such  board, 
or  any  freeholder,  may  cause  suit  to  be  brought  thereon,  which  suit  shall 
be  prosecuted  in  the  name  of  the  state  of  Missouri,  at  the  relation  and 
to  the  use  of  the  proper  school  district.  (R.  S.  1899.) 

Sureties  on  treasurer's  bond  remain  liable  so  long  as  he  continues  to  hold  the 
office,  though  that  be  beyond  the  period  for  which  he  is  elected.  72  Mo.  648;  48  A.  408. 

SEC.  9869.  Liability  of  treasurer  for  sinking  -fund  and  interest — 
compensation. — The  treasurer  of  the  board  shall  be  the  custodian  of 
all  moneys  collected  for  liquidating  any  bonded  indebtedness  and  inter- 
est on  the  same,  and  shall  be  responsible  on  his  official  bond  for  the 
safe  keeping  and  proper  appliance  of  such  sinking  fund  and  interest  as 
may  be  by  him  received,  and  also  for  any  loss  incurred  or  damage  result- 
ing from  his  failure  to  burn  any  and  all  redeemed  bonds,  as  required  in 


77 

section  9/56;  he  shall  promptly  pay  the  interest  on  bonds  when  due, 
and  pay  off,  cancel  and  burn  the  bonds  as  rapidly  as  possible;  and  he 
shall  receive  as  full  compensation  .for  his  services  under  this  section, 
one-half  of  one  per  cent,  on  amount  by  him  paid  out  in  the  redemption 
of  botads  and  payment  of  interest  on  same.  (R.  S.  1899.) 

SEC.  9870.  District  moneys  to  be  paid  to  treasurer. — That  when- 
ever any  state  or  county  school  money  apportioned  to  any  school  district 
formed  of  cities,  towns  or  villages,  or  of  such  cities,  towns  and  villages 
and  adjacent  territory,  shall  have  been  paid  to  any  county  or  township 
treasurer,  as  now  provided  by  law,  the  same  shall,  on  the  application  of 
the  treasurer  of  any  said  city,  town  or  village  district,  be  paid  over  to 
him  by  said  county  or  township  treasurer,  and  the  receipt  of  any  such 
school  district  treasurer  for  said  money  shall  be  a  lawful  voucher  for  the 
disposition  of  said  money  by  said  county  or  township  treasurer,  and  be 
accepted  as  such  by  the  county  court  or  other  body  or  person  having 
authority  by  law  to  make  settlements  with  said  county  or  township  treas- 
urer. (R.  S.  1899.) 

SEC.  9871.  Settlement  of  treasurer. — The  treasurer  of  the  board 
of  education  of  any  city,  town  or  village  shall,  annually,  between  the 
first  and  fifteenth  of  July,  settle  with  the  said  board  of  education,  and 
account  to  said  board  for  all  school  moneys  or  funds  received,  from 
whom  and  on  what  account,  and  the  amount  paid  out  for  school  purposes 
in  such  city,  town  or  village,  which  settlement,  if  found  correct  by  said 
board  of  education,  shall  be  approved  by  said  board ;  and  when  the  said 
settlement  is  thus  approved  it  is  hereby  made  the  duty  of  said  treasurer 
to  present  his  settlement  to  the  clerk  of  the  county  court  of  said  county, 
and  the  said  clerk  shall  make  a  careful  examination  of  the  said  settle- 
ment, and  if  found  correct,  he  shall  certify  the  same,  which  certificate 
shall  be  prima  facie  a  discharge  of  such  liability  of  the  treasurer  for  the 
funds  expressed  in  the  vouchers ;  and  at  the  expiration  of  his  term  of 
office  said  treasurer  shall  deliver  over  to  his  successor  in  office  all  books 
and  papers,  with  all  moneys  or  other  property  in  his  hands,  and  also  all 
orders  he  may  have  redeemed  since  his  last  annual  settlement  with  the 
board  of  education  and  with  the  county  clerk,  and  take  the  duplicate 
receipts  of  his  successor  therefor,  one  of  which  he  shall  deposit  with 
the  secretary  of  said  board  of  education,  and  the  other  with  the  clerk 
of  said  county  court.  (R.  S.  1899.) 

SEC.  9872.  Duties  of  county  clerk — how  paid. — The  clerk  of  the 
county  court  of  such  county  shall  perform  the  same  duties  under  this 
law,  not  herein  specified,  as  he  shall  be  required  by  law  to  perform  in 
relation  to  the  state  and  county  taxes  in  said  county,  and  shall  receive 


78 

like  compensation  therefor,  the  same  to  be  paid  by  the  county  treasurer 
upon  warrant  issued  by  the  county  court.     (R.  S.  1899.) 

SEC.  9873.  Duties  of  collectors. — The  county  or  township  col- 
lector shall  pay  over  to  the  treasurer  of  said  board  of  education  all  moneys 
received  and  collected  by  him  to  which  said  board  is  entitled,  at  least 
once  in  every  month;  and  upon  such  payment  he  shall  take  duplicate 
receipts  from  said  treasurer,  one  of  which  he  shall  file  with  the  secretary 
of  said  board  of  education,  and  the  other  shall  be  filed  in  his  settlement 
with  the  county  court.  (R.  S.  1899.) 

SEC.  9874.  Regulations  governing  elections  at  annual  meetings.— 
The  qualified  voters  of  such  city,  town  or  village  school  district  shall 
vote  by  ballot  upon  all  questions  provided  by  law  for  submission  at  the 
annual  school  meetings,  and  such  election  shall  be  held  on  the  first  Tues- 
day in  April  of  each  year,  and  at  such  convenient  place  within  the  dis- 
trict as  the  board  may  designate,  beginning  at  7  o'clock  a.  m.  and  clos- 
ing at  6  o'clock  p.  m.  of  said  day.  The  board  shall  elect  three  judges  of 
election,  and  said  judges  shall  appoint  two  clerks;  said  judges  and  clerks 
shall  be  sworn  and  the  election  otherwise  conducted  in  the  same  manner 
as  the  elections  for  state  and  county  officers,  and  the  result  thereof 
certified  by  the  judges  and  clerks  to  the  secretary  of  the  board  of  di- 
rectors, who  shall  record  the  same,  and  by  order  of  said  board  shall  issue 
certificates  of  election  to  the  persons  entitled  thereto;  and  the  results  of 
all  other  propositions  submitted  must  be  reported  to  the  secretary  of  the 
board,  and  by  him  duly  entered  upon  the  district  records.  All  proposi- 
tions submitted  at  said  annual  meeting  may  be  voted  for  upon  one  and 
the  same  ballot,  and  the  necessary  poll-books  shall  be  made  out  and 
furnished  by  the  secretary  of  the  board :  Provided,  that  in  all  cities  and 
towns  having  a  population  exceeding  two  thousand  and  not  exceeding 
one  hundred  thousand,  said  elections  shall  be  held  at  the  same  time  and 
places  as  the  election  for  municipal  officers,  and  the  judges  and  clerks 
of  such  municipal  election  shall  act  as  judges  and  clerks  of  said  school 
election,  but  the  ballots  for  said  school  election  shall  be  upon  separate 
pieces  of  paper  and  deposited  in  a  separate  ballot-box  kept  for  that  pur- 
pose, but  no  greater  number  of  names  for  directors  shall  be  upon  any 
ballot  than  are  to  be  voted  for  at  such  election.  Should  such  school 
district  embrace  territory  not  included  in  the  -limits  of  such  city  or  town, 
the  qualified  voters  thereof  may  vote  at  such  voting  precinct  as  they 
would  be  attached  to  provided  the  ward  lines  thereof  were  extended 
and  produced  through  such  adjoining  territory.  (R.  S.  1899.) 

SEC.  9875.  Change  of  boundary  lines. — Whenever  an  entire  school 
district  or  a  part  of  a  district  adjoining  any  city,  town  or  village  school 
district,  desires  to  be  attached  thereto  for  school  purposes,  upon  the 


79 

reception  of  a  petition  setting  forth  such  fact  and  signed  by  ten  qualified 
voters  of  such  district,  the  board  of  directors  thereof  shall  order  a  special 
meeting  for  said  purpose,  by  posting  notices  in  five  public  places  within 
the  district  for  fifteen  days  prior  to  the  day  of  such  meeting;  said  meet- 
ing shall  be  held  at  2  o'clock  p.  m.  on  the  day  specified  in  the  notices, 
and  when  assembled,  the  meeting  shall  be  organized  by  the  election  of 
a  chairman  and  a  secretary,  who  shall  keep  a  correct  record  of  the  trans- 
actions of  said  meeting,  and  should  a  majority  of  the  "votes  cast  favor 
such  annexation,  the  secretary  shall  certify  the  fact,  with  a  copy  of  the 
record,  to  the  board  of  said  district  and  to  the  board  of  said  city,  town  or 
village  school  district ;  whereupon  the  board  of  such  city,  town  or  vil- 
lage district  shall  meet  to  consider  the  advisability  o?  receiving  such 
territory,  and  should  a  majority  of  all  the  members  of  said  board  favor 
such  annexation,  the  boundary  lines  of  such  city,  town  or  village  school 
district  shall  from  that  date  be  changed  so  as  to  include  said  territory, 
and  said  board  shall  immediately  notify  the  clerk  of  said  district  which 
has  been  annexed,  in  whole  or  in  part,  of  its  action.  In  case  an  entire 
district  is  thus  annexed,  all  property  and  money  on  hand  thereto  be- 
longing shall  immediately  pass  into  the  possession  of  the  board  of  said 
city,  town  or  village  district;  but  shouM  only  a  part  of  a  district  be  an- 
nexed thereto,  said  part  shall  relinquish'  all  claim  and  title  to  any  part 
of  the  school  property  and  money  on  hand  belonging  to  said  original 
district,  and  that  portion  of  the  district  remaining  must  contain  within 
its  limits  thirty  children  and  thirty  thousand  dollars  assessed  valuation, 
or  thirty  children  and  nine  square  miles  of  territory.  The  voting  at 
said  special  school  meeting  shall  be  by  ballot,  as  provided  for  in  section 
9861,  and  the  ballots  shall  be  "for  annexation"  and  "against  annexa- 
tion" when  the  whole  district  is  to  be  annexed,  but  if  only  a  part  is  to 
be  annexed,  the  ballots  shall  read  "for  release"  and  "against  release." 
(R.  S.  1899.) 

Board  of  special  school  district,  power  to  extend  limits.  65  Mo.  50.  Meeting  to 
vote  upon  proposition  to  annex  territory  must  be  called  by  board  of  directors.  54  A. 
202.  How  right  of  annexation  may  be  exercised.  68  A.  397. 

It  will  be  observed  that  no  provision  is  made  for  detaching  territory  from  a  dis- 
trict organized  under  this  article. 

SEC.  9876.  Annexation  to  school  district  when  corporate  limits 
are  extended. — Whenever,  by  reason  of  the  limits  of  any  city,  town 
or  village  being  extended,  a  portion  of  the  territory  of  any  school  dis- 
trict adjacent  thereto  has  been  incorporated  in  the  city,  town  or  village 
school  district,  the  inhabitants  of  such  remaining  parts  of  districts  shall 
have  the  right  to  be  annexed  to  such  city,  town  or  village  school  district : 
Provided,  that  when  such  part  of  a  school  district  desires  to  be  so  an- 


8o 

nexed,  an  election  shall  be  held  at  a  special  meeting  as  provided  in 
section  9875,  and  should  a  majority  of  the  votes  cast  favor  annexation, 
the  secretary  shall  certify  the  fact,  with  a  copy  of  the  record,  to  the  board 
of  said  district  and  to  the  board  of  said  city,  town  or  village  school  district ; 
whereupon  the  board  of  such  city,  town  or  village  district  shall  meet  and 
confirm  such  annexation  by  a  proper  resolution  of  record ;  and  provided, 
that  when  such  part  of  a  school  district  has  no  organization,  any  ten 
qualified  voters  may  call  a  meeting  of  the  district  and  proceed  as  pro- 
vided in  the  foregoing  section;  and  the  secretary  of  such  meeting  shall 
certify  if  the  majority  vote  for  annexation,  to  the  board  of  directors  of 
the  city,  town  or  village  school  district,  and  the  same  action  shall  be 
taken  as  provided  above.  The  remaining  portion  of  such  district  shall 
be  entitled  to  be  attached  to  said  city,  town  or  village  school  district: 
Provided,  that  the  school  population  of  said  adjoining  district  has  been 
reduced  to  a  smaller  number  than  that  required  by  law,  or  the  territory 
has  been  reduced  to  less  than  nine  square  miles ;  and  whenever  such 
adjoining  fractional  district  shall  desire  to  be  so  annexed,  a  petition  or 
memorial  shall  be  presented  to  the  city,  town  or  village  school  district, 
informing  the  board  of  directors  of  the  same  of  their  desire  to  be  annexed, 
and  giving  the  boundary  of  the  fractional  district  desired  to  be  annexed, 
the  number  of  inhabitants  in  the  same,  and  the  number  of  children  of 
school  age;  whereupon  the  board  of  directors  of  such  city,  town  or  vil- 
lage school  district  shall  take  such  action  for  the  incorporation  of  such 
adjoining  territory  as  is  required  to  be  taken  when  territory  has  been  an- 
nexed, as  provided  in  section  9875 :  Provided,  however,  that  where  a 
portion  of  one  or  more  school  districts  adjacent  to  such  city,  town  or 
village  school  district,  and  adjacent  to  each  other,  have  been,  by  reason 
of  the  extension  of  the  limits  of  such  city,  deprived  of  the  necessary 
school  population  or  territory  to  enable  them  to  maintain  their  school 
district  organization,  they  shall  have  a  right  to  elect,  first,  to  become  a 
part  of  said  city,  town  or  school  district ;  or,  second,  to  continue  as  a  sep- 
arate school  district;  or,  third,  to  join  two  or  more  of  the  adjoining  school 
districts ;  and  for  the  purpose  of  such  election,  the  qualified  voters  of  such 
districts  shall  call  a  special  meeting  and  proceed  to  vote  on  such  proposi- 
tions, as  provided  in  section  9875 ;  and  provided,  if  the  said  fractional 
part  of  a  district  has  no  board  of  directors  remaining,  any  ten  qualified 
voters  of  said  fraction  of  a  district  may  call  such  special  meeting,  and  if 
a  majority  of  the  qualified  voters,  present  and  voting  at  said  meeting  vote 
favorable  to  either  of  said  propositions,  a  certified  copy  of  the  proceedings 
of  such  meeting  shall  be  delivered  to  the  board  of  directors  of  the  school 
district  to  which  they  vote  to  be  attached,  and  such  board  of  directors 


8i 

shall  take  such  steps  as  necessary  and  lawful  to  perfect  the  annexation 
as  decided  by  said  election.     (R.  S.  1899.) 

This  act  of  April  11,  1895,  is  applicable  to  the  extension  of  the  city  limits  made 
prior  to  said  date,  and  a  portion  of  a  school  district  lying  adjacent  to  such  city  dis- 
trict ipso  facto  became  a  part  of  the  city  district;  the  act  is  not  retrospective  in  the 
constitutional  sense,  and  the  remaining  portion  of  the  adjoining  district  not  so  an- 
nexed by  said  act  is  entitled  to  be  annexed. 

The  right  of  annexation  may  be  exercised  as  follows: 

(1)  When  the  fractional  district  has  an  organization  and  the  territory  and  the 
school  population  required  by  law. 

(2)  When   such   district  has   no   organization,   but  has   the  territory  and  school 
population  required  by  law. 

(3)  When   it   has   an   organization  and   school   population,    but  not  the  territory 
required  by  law. 

(4)  When  it  has  the  territory,   but  not  the  organization  nor  the  population  re- 
quired by  law.    68  A.  397. 

SEC.  9877.  Employment  of  members  of  school  board,  and  publi- 
cation of  financial  report. — No  member  of  any  public  school  board  of 
any  city,  town  or  village  in  this  state,  having  less  than  twenty-five  thou- 
sand inhabitants,  shall  hold  any  office  or  employment  of  profit  from  said 
board  while  a  member  thereof,  except  the  secretary  and  treasurer,  who 
may  receive  reasonable  compensation  for  their  services :  Provided,  the 
compensation  of  the  secretary  shall  not  exceed  one  hundred  and  fifty  dol- 
lars, and  that  of  the  treasurer  shall  not  exceed  fifty  dollars  for 
any  one  year;  and  provided  further,  that  it  shall  be  the  duty  of 
each  of  said  boards,  and  of  the  boards  of  directors  in  otfier  school  dis- 
tricts in  this  state  having  graded  schools,  to  make  and  publish  annually, 
on  or  before  the  I5th  day  of  July  in  each  year,  in  some  newspaper  pub- 
lished in  said  city,  town,  village  or  school  district,  and  if  there  be  no 
newspaper  published  therein,  then  by  written  statements  posted  in  five 
public  places  in  such  districts,  a  detailed  statement  of  all  receipts  of  school 
moneys,  when  and  from  what  source  derived,  and  of  all  expenditures  and 
on  what  account;  also,  the  present  indebtedness  of  the  district  and  its 
nature,  and  the  rate  of  taxation  for  all  school  purposes  for  the  year ;  which 
said  statement  so  required  to  be  made  and  published  shall  be  duly  at- 
tested by  the  president  and  secretary  of  the  board,  and  the  secretary  shall 
forward  a  copy  of  said  report  to  the  state  superintendent  of  public  schools 
at  Jefferson  City.  And  any  board  of  education  or  board  of  directors  who 
shall  fail,  refuse  or  neglect  to  order  such  statement  to  be  made,  and  any 
officer  of  said  board  who  shall  fail,  refuse  or  neglect  to  prepare  such  state- 
ment and  publish  and  forward  the  same,  as  required  by  the  foregoing 
provisions  of  this  section,  when  ordered  by  such  board  shall  be  guilty  of 

S  L— 6 


82 

a  misdemeanor  and  punishable  by  a  fine  not  to  exceed  one  hundred  dol- 
lars. (R.  S.  1899.) 

The  department  of  education  sends  out  a  blank  for  the  report  contemplated  by 
this  section.  Secretaries  of  school  boards  should  make  this  report  promptly  between 
the  1st  and  15th  days  of  July  in  each  year,  and  thus  avoid  unnecessary  correspondence. 

SEC.  9878.    Boards  in  certain  cities  to  purchase  site,  etc.,  when.— 

In  all  such  school  districts  as  are  mentioned  in  this  article,  that  have  a 
population  exceeding  five  thousand  and  not  exceeding  one  hundred  thou- 
sand inhabitants,  the  board  of  directors  of  such  school  districts  shall  have 
full  power,  by  an  affirmative  vote  of  not  less  than  two-thirds  of  all  the 
members  of  such  board,  to  locate  and  direct  and  authorize  the  purchase 
of  sites  for  school-houses,  libraries  and  school  offices,  and  by  a  like  vote 
to  direct  and  authorize  the  sale  of  any  real  estate  or  other  property  be- 
longing to  such  school  districts;  and  if  two-thirds  of  the  members  of 
such  board  shall  authorize  and  direct  the  sale  of  such  real  estate,  the 
same  shall  be  entered  of  record  by  the  secretary,  together  with  the  terms 
of  such  sale,  and  the  president  of  such  board  shall,  in  the  name  of  such 
board,  execute  the  necessary  deed  or  deeds  of  conveyance  to  the  purchaser 
or  purchasers  thereof ;  which  said  deeds  of  conveyance  shall  be  by  him 
acknowledged,  as  other  deeds  conveying  real  estate  are  by  law  required 
to  be  acknowledged.  (R.  S.  1899.) 

SEC.  9879.  Board  may  accept  gifts,  etc.,  for  libraries. — The  board 
of  education  shall  have  power  to  accept  and  receive  gifts  and  devises  for 
the  erection  and  endowment  of  libraries  and  for  the  purchase  of  books, 
and  to  invest  the  same,  and  to  loan  such  endowment  fund  upon  the  same 
security  and  in  the  same  manner  as  required  by  law  for  the  county  or 
capital  school  fund.  (R.  S.  1899.) 

A  gift  is  not  complete  until  money  is  paid,  etc.     138  Mo.  672. 

SEC.  98793.  Depositories  of  school  moneys. — The  board  of  direc- 
tors of  city,  town  and  village  school  districts  in  this  state  shall  select  de- 
positories for  the  funds  of  such  school  district  in  the  same  manner  as  is 
provided  by  law  for  the  selection  of  county  depositories;  and  they  may 
loan  any  moneys  held  for  the  payment  of  outstanding  bonds  upon  the 
same  terms  and  upon  the  same  conditions  as  provided  by  law  for  loaning 
county  and  school  moneys.  (Session  Acts  1903.) 

NEW  SECTION.  Classification  of  high  schools — accredit  work  in 
other  state  schools. — The  state  superintendent  of  public  schools  shall 
have  authority  to  classify  the  public  high  schools  in  the  state  into  first, 
second  and  third  classes  and  shall  prescribe  minimum  courses  of  study 
for  each  class :  Provided,  that  no  school  shall  be  classed  as  a  high  school 
of  the  first  class  which  does  not  maintain  a  four  years'  course  of  standard 
work  in  English,  mathematics,  science  and  history  for  a  term  of,  at  least, 


83 

nine  months  in  the  year,  and  which  does  not  employ  the  entire  time  of, 
at  least,  three  approved  teachers  in  high  school  work ;  that  no  school  shall 
be  classed  as  a  high  school  of  the  second  class  which  does  not  maintain 
a  three  years'  course  of  standard  work  in  English,  mathematics,  science 
and  history  for  a  term  of,  at  least,  nine  months  in  the  year  and  which  does 
not  employ  the  entire  time  of,  at  least,  two  approved  teachers  in  high 
school  work ;  that  no  school  shall  be  classed  as  a  high  school  of  the  third 
class  which  does  not  maintain  a  two  years'  course  of  standard  work  in 
English,  mathematics,  science  and  history  for  a  term  of,  at  least,  eight 
months  in  the  year  and  which  does  not  employ  the  entire  time  of,  at  least, 
one  approved  teacher  in  high  school  work.  All  work  completed  in  an 
accredited  high  school  shall  be  given  full  credit  in  requirements  for  en- 
trance to,  and  classification  in,  any  educational  institution  supported  in 
whole  or  in  part  by  state  appropriations.  (Session  Acts  1903.) 

NEW  SECTION.  High  school  inspection  by  state  superintendent. — 
For  the  purpose  of  classifying  high  schools  and  having  their  work  ac- 
credited by  higher  educational  institutions,  the  state  superintendent  of 
public  schools  shall,  in  person  or  by  deputy,  inspect  and  examine  any 
high  school  making  application  for  classification  and  he  shall  prescribe 
rules  and  regulations  governing  such  inspections  and  examinations  and 
keep  complete  record  of  all  inspections,  examinations  and  recommenda- 
tions made.  He  shall  from  time  to  time  publish  lists  of  classified  high 
schools :  Provided,  he  may  drop  any  school  in  its  classification  if,  on  re- 
inspection  or  re-examination,  he  finds  that  such  school  does  not  maintain 
the  required  standard  of  excellence.  (Session  Acts  1903.) 


ARTICLE  VI. 

COUNTY  BOARDS— TEACHERS'  CERTIFICATES. 


SECTION 

9957.  County  boards  of  education  estab- 

lished. 

9958.  Id.    Examine    teachers    and    grant 

certificates. 

9959.  Id.    Reissue    certificates    and    keep 

records. 

9960.  County  teachers'  association. 

9961.  Pay  of  members. 

9962.  County  commissioners  may  revoke 

certificate. 


SECTION 

9963.  County  superintendent  to  discharge 

duties  of  county  boards. 

9964.  State  board  of  education  to  prepare 

outlines  of  work. 

9965.  Institutes  for  colored  teachers. 

9966.  Approved  summer  schools. 

9967.  Penalty     for     issuing     certificates 

illegally. 

9968.  Applications  of  the  article. 


SEC.  9957.  County  board  of  education  established. — There  is 
hereby  created  a  county  board  of  education  to  consist  of  three  members : 
( i )  the  county  commissioner  of  schools,  who  shall  be  ex  officio  president 
of  the  board;  (2)  one  member  to  be  appointed  by  the  county  court  in 
each  county;  and  (3)  one  member  to  be  appointed  by  the  state  board  of 
education,  the  appointments  to  be  made  in  April,  1901,  and  every  two 
years  thereafter.  The  board  shall  adopt  a  course  of  study  for  use  in  all 


84 

the  public  schools  in  the  county,  except  in  cities  having  more  than  one. 
thousand  children  of  school  age  as  shown  by  the  last  enumeration,  and 
in  towns  having  high  schools  affiliated  with  the  state  university,  and 
shall  make  all  necessary  rules  and  regulations  to  secure  uniformity  in 
grading  and  classifying  the  schools  of  the  county.  (Session  Acts  1901). 

The  members  to  be  appointed  by  the  county  court  should  be  selected  by  the 
court  at  the  adjourned  term  held  usually  on  first  Monday  in  April.  The  State  Board 
of  Education  will  make  appointments  about  April  20th. 

The  duties  of  the  board  are  many  and  important.  The  remuneration  is  small, 
but  the  opportunities  for  rendering  the  cause  of  education  great  service  are  many. 
Members  of  the  county  board  should  be  imbued  with  a  strong  desire  to  serve  others. 
In  the  adoption  of  a  course  of  study  for  all  the  rural  and  smaller  town  schools  of  the 
county,  careful,  painstaking  work  must  be  done.  To  be  done  wisely,  it  must  be  by 
students  of  education.  The  power  to  make  rules  and  regulations  to  secure  proper 
grading  and  classification  in  the  schools  carries  with  it  the  power  to  enforce  it. 
The  county  board  has  supervisory  power  over  the  schools  of  the  county.  It  will  be 
well  if  the  best  educated,  most  thorough-going  and  progressive  teachers  in  the  county 
be  selected  as  members  and  that  these  members  be  so  located  that  the  county  may 
be  divided  into  three  sections  and  each  member  take  immediate  charge  of  the  school 
interests  of  one  section. 

Arranging  teachers'  and  patrons'  meetings,  conducting  Reading  Circle  work, 
visiting  schools  in  his  section  of  the  county,  and  holding  examinations  for  gradua- 
tion of  pupils  who  have  completed  the  common  school  course  are  some  of  the  duties 
of  each  member.  The  spirit  of  the  school  work  will  depend  very  largely  on  the  county 
commissioner,  of  course;  but  the  county  board  will  be  able  to  assist  him  materially. 
It  is  to  be  hoped  that  the  course  of  study  printed  as  an  appendix  to  the  school  laws 
will  be  made  the  basis  of  the  course  of  study  adopted  by  each  county  board  of  edu- 
cation, and  state  uniformity  in  grading  and  classifying  thereby  promoted. 

SEC.  9958.  County  board  of  education  to  examine  teachers  and 
grant  certificates — three  grades  of  certificates. — County  boards  shall 
have  the  authority  to  examine  teachers  and  grant  certificates  of  qualifi- 
cation to  teach  in  their  respective  counties.  Three  public  examinations  of 
two  days  each  shall  be  held  during  the  year  on  the  fourth  Saturday  and 
the  preceding  Friday  in  March,  June  and  August,  questions  to  be  fur- 
nished by  the  state  superintendent  of  public  schools.  Certificates  issued 
by  the  county  board  of  education  shall  be  of  three  grades :  Third  grade 
shall  be  valid  for  one  year ;  second  grade  .for  two  years,  and  first  grade 
for  three  years  in  the  county  for  which  they  are  issued.  Third  grade 
certificates  shall  be  granted  to  applicants  who  are  of  good  moral  character 
and  who  shall  pass  satisfactory  examinations  upon  the  following  branches : 
Spelling,  reading,  penmanship,  language  lessons,  geography,  arithmetic 
(including  business  forms  and  rules),  English  grammar,  United  States 
history,  civil  government  (including  state  government),  physiology  and 
hygiene  with  special  reference  to  the  effects  of  alcoholic  drinks,  and  stim- 
ulants and  narcotics  generally,  upon  the  human  system,  and  pedagogy. 
Second  grade  certificates  shall  be  granted  to  applicants  who  are  of  good 
moral  character  and  who  shall  pass  satisfactory  examinations  upon  the 


85 

branches  hereinbefore  mentioned,  and  in  addition  thereto,  algebra  and 
literature.  First  grade  certificates  shall  be  granted  to  applicants  who  are 
of  good  moral  character  and  who  shall  pass  satisfactory  examinations 
upon  the.  branches  hereinbefore  mentioned,  and  in  addition  thereto,  one 
division  of  history,  either  ancient,  modern,  or  English,  and  one  branch 
of  science,  either  physical  geography,  elementary  physics,  or  elementary 
biology,  relating  to  agriculture:  Provided,  to  obtain  first  grade  certifi- 
cates, applicants  shall  have  had  one  year's  experience  in  teaching  and 
shall  maintain  an  average  grade  of  ninety;  to  obtain  a  second  grade,  an 
average  of  eighty-five,  and  to  obtain  a  third-grade,  an  average  of  eighty; 
but  no  certificate  shall  be  granted  to  any  applicant  whose  grade  in  any 
branch  falls  below  sixty:  Provided,  that  the  county  commissioner  shall 
have  authority  to  grant  a  special  certificate,  good  until  the  next  regular 
examination;  to  an  applicant  who,  for  good  and  sufficient  reasons,  could 
not  attend  the  last  examination :  Provided,  the  county  commissioner  shall 
preserve  all  papers,  including  questions  with  answers  thereto,  used  in  the 
examination  of  each  applicant  for  a  third  grade  [special]  certificate  and 
shall  file  the  same  in  the  office  of  the  recorder  of  the  county  wherein  such 
certificate  is  granted.  An  applicant  for  a  certificate  shall  have  paid  the 
county  treasurer  a  fee  of  three  dollars  to  cover  expenses  of  examination 
and  county  institute  (association),  and  shall  file  his  receipt  for  same  with 
the  county  board:  Provided,  that  colored  applicants  who  bring  certifi- 
cates of  attendance  on  a  colored  institute  shall  pay  one  dollar  and  fifty 
cents  for  such  examination.  (Session  Acts  1901.) 

Special  certificates  issued  now  are  good  only  until  the  next  regular  examina- 
tion. Every  applicant  for  a  special  certificate  shall  pay  the  fee  of  three  dollars 
($3.00).  He  will  pay  two  such  fees  if  he  apply  for  both  a  special  and  a  regular  cer- 
tificate within  the  year. 

Questions  used  and  papers  written  on  which  a  special  certificate  is  issued  must 
be  filed  with  the  county  recorder  and  be  open  for  inspection  at  all  times. 

The  State  Superintendent  will  furnish  questions  for  all  regular  examinations, 
but  not  for  special. 

It  is  expected  that  colored  teachers  will  apply  for  certificates  in  June  or  August. 
When  they  present  certificate  of  attendance  on  a  colored  institute  during  the  year 
to  the  county  treasurer,  he  shall  collect  only  one  dollar  and  fifty  cents  from  them. 
Outlines  for  colored  institutes  will  limit  the  number  of  subjects  teachers  may  be 
graded  on  in  any  one  institute.  So  far  the  limit  is  five  subjects. 

SEC.  9959.  Certificates  reissued  and  records  kept. — County  boards 
of  education  shall  reissue  without  examination  and  without  fee  a  third 
grade  county  certificates  once;  second  grade,  twice;  and  first  grade  an 
unlimited  number  of  times:  Provided,  the  applicant  has  taught  four 
months  within  the  two  years  next  preceding,  or  has  made  a  satisfactory 
record  in  an  approved  summer  school  since  his  last  certificate  was  issued : 
Provided,  that  such  an  applicant  may  raise  the  grade  of  his  certificate  by 
passing  on  the  additional  subjects  required.  A  permanent  record  of  all 


86 

grades  made  of  eighty  or  more  and  of  certificates  granted,  renewed  and 
revoked  shall  be  kept  by  the  county  commissioner,  said  record  exhibiting 
the  number  granted,  date,  grade  and  length  of  time  for  which  each  cer- 
tificate was  given,  and  the  name,  age,  sex  and  nativity  of  the  person  re- 
ceiving the  same  and  delivered  to  his  successor  in  office.  An  applicant 
having  failed  at  any  regular  examination  shall  have  a  second  trial  at  an- 
other regular  examination  without  fee.  (Session  Acts  1903). 

Certificates  issued  prior  to  the  regular  county  examination  in  June,  1901,  cannot  be 
legally  renewed.  A  certificate  is  renewed  by  issuing  a  new  one  in  lieu  of  one  of  the 
same  grade  previously  issued.  A  teacher  after  getting  a  third  grade  certificate  may 
raise  the  same  to  second  grade  by  passing  on  algebra  and  literature  at  any  subse- 
quent examination  while  the  certificate  is  in  force,  or  by  bringing  such  grades  from 
an  approved  summer  school;  provided,  of  course,  that  grades  on  these  subjects  aver- 
age with  those  on  the  third  grade,  eighty-five.  All  applicants  for  having  graded 
raised  should  pay  the  regular  fee.  In  other  words,  it  should  be  considered  a  new 
application  for  a  certificate.  The  same  is  true  in  raising  a  second  grade  to  a  first 
grade. 

The  last  sentence  of  this  section  should  be  construed  so  as  to  give  an  applicant 
two  examinations  to  finish  for  any  grade  of  certificate,  permitting  him  to  have  sec- 
ond trial  on  such  subjects  as  he  may  fail  on  ih  first  examination.  All  attempts  should 
be  limited  to  the  second  examination.  The  second  trial  does  not  apply  to  applica- 
tion to  raise  the  grade  of  a  certificate. 

SEC.  9960.  County  teachers'  association. — The  county  commis- 
soner  shall  organize  a  county  teachers'  association,  which  shall  hold  a 
three  days'  meeting  on  the  last  three  days  of  some  week  in  September, 
October,  November  or  December  of  each  year.  He  shall  arrange  a  pro- 
gram of  exercises  and  secure  the  services  of  some  one  specially  prepared 
to  lecture  on  pedagogical  subjects.  It  shall  be  the  duty  of  the  teachers 
to  attend  all  such  meetings ;  and  when  a  certificate  of  attendance  and  of 
faithful  performance  of  duty  signed  by  the  county  commissioner  is  filed 
with  the  district  clerk,  the  first  three  days,  when  school  is  taught  thereon, 
shall  constitute  the  school  week.  The  expenses  of  such  association,  includ- 
ing expenses  of  a  lecturer,  shall  5e  paid  out  of  the  thirty  per  cent,  of  the 
fees  provided  for  in  section  9958.  (Session  Acts  1903.) 

It  is  believed  that  a  three  days'  meeting  right  in  the  midst  of  the  term  will 
help  teachers  more  in  a  practical  way  than  the  ten  days'  institute.  School  boards 
should  encourage  teachers  to  attend  every  day  of  this  association  and  go  them- 
selves. The  State  Superintendent  will  attend  every  one  of  these  meetings  that  he 
possibly  can.  Someone  representing  one  of  the  State  Normals  or  the  State  University 
will  gladly  attend  and  lecture  without  cost  to  the  association.  It  is  recommended 
that  someone  outside  of  the  county  be  secured  for  two  or  more  addresses.  The  State 
Superintendent,  each  year,  will  suggest  program.  Every  teacher  should  have  an 
assigned  part  and  feel  that  it  is  his  meeting.  At  least  one  session  should  be  given 
to  directors. 

SEC.  9961.  Pay  of  members. — The  appointed  members  of  the 
county  board  of  education  shall  receive  out  of  the  fees  collected  three 
dollars  per  day  for  the  actual  number  of  days  the  board  has  been  in  ses- 


87 

sion  in  examining  teachers  and  performing  such  other  duties  as  are  im- 
posed by  this  act :  Provided,  that  the  amount  of  such  per  diem  does  not 
exceed  thirty  per  centum  of  the  total  'amount  collected  by  the  treasurer 
in  any  given  year.  The  county  commissioner  shall  appropriate  thirty 
per  centum  of  the  amount  collected  in  paying  the  expenses  of  a  lecturer 
at  the  county  teachers'  association.  The  county  commissioner  shall  re- 
ceive for  his  services  under  this  article  all  of  said  fees  not  otherwise  ap- 
propriated. All  moneys  shall  be  drawn  from  the  treasury  on  warrants 
issued  by  the  county  commissioner.  (Session  Acts  1903.) 

Thirty  per  cent,  of  fees  must  be  used  to  pay  expenses  of  the  association.  The 
county  commissioner  gets  forty  per  cent,  of  the  fees  and  whatever  of  the  thirty  per 
cent,  not  used  in  paying  expenses  of  the  other  members  of  the  board.  It  is  recom- 
mended that  the  association  vote  upon  themselves  a  small  membership  fee  to  pay 
whatever  incidental  expenses  are  necessary  to  the  success'  of  the  association. 

SEC.  9962.     County  commissioner  may  revoke  certificate. — Any 

county  certificate  may  be  revoked  by  the  county  commissioner  for  incom- 
petency,  immorality  or  neglect  of  duty,  upon  satisfactory  proof  thereof. 
All  charges  must  be  preferred  in  writing  and  signed  by  the  party  or  parties 
filing  the  accusation,  and  the  teacher  must  be  given  due  not'ce  and  oppor- 
tunity to  be  heard.  (Session  acts  1901.) 

A  school  district  cannot  enjoin  teacher,  when.  50  A.  65.  The  directors  have  no 
power  to  discharge  teacher  for  cruel  treatment.  78  Mo.  226. 

SEC.  9963.  County  superintendent  to  discharge  duties  of  county 
board  of  education. — There  shall  be  no  county  board  of  education 
appointed  in  counties  that  have  adopted  or  hereafter  may  adopt  county 
supervision;  but  in  such  counties  the  county  superintendent  of  schools 
shall  have,  in  addition  to  the  powers  and  duties  now  given  by  Inw,  all 
the  powers  and  duties  given  the  county  board  of  education  by  this  act. 
(Session  Acts  1901.) 

This  section  must  not  be  interpreted  as  taking  any  authority  or  duty  from  the 
county  superintendent  that  he  had  under  the  old  law.  This  law  applies  to  him,  how- 
ever, and  he  is  clothed  with  all  the  powers  and  duties  given  to  the  county  board  in 
other  counties.  All  fees  should  be  paid  to  the  county  superintendent,  and  thirty  per 
cent,  of  them  devoted  to  the  expenses  of  the  association. 

SEC.  9964.    State  board  of  education  to  prepare  outlines  of  work.— 

The  state  board  of  education  shall  prepare,  or  cause  to  be  prepared,  for 
use  in  the  county  institutes  outlines  of  work  in  school  management  ^in- 
cluding use  of  course  of  study  and  record-keeping)  methods  of  teaching 
the  common  school  branches  and  general  pedagogy ;  outlines  of  work  to 
be  done  in  institutes  for  colored  teachers;  and  outlines  for  minimum  re- 
quirements in  mathematics,  English,  science,  history  and  special  lines 
for  pedagogy  for  approved  summer  schools.  (Session  Acts  1901.) 

The  association  provided  for  in  section  9960  will  take  place  of  the  institute  and 
the  state  board  will  prepare  outlines  for  the  association  work. 


88 

The  course  of  study  for  negro  institutes  will  be  limited  to  a  given  number  of 
branches  and  county  boards  should  not  accept  grades  in  subjects  not  outlined  in  that 
course. 

Grades  from  approved  summer  schools  must  be  presented  on  blanks  furnished 
by  the  State  Superintendent.  In  due  time  each  year  the  county  boards  will  receive 
full  information  as  to  what  schools  have  been  approved  under  the  requirements  for 
approval  adopted  by  the  State  Board  of  Education. 

SEC.  9965.  Institutes  for  colored  teachers. — The  state  board  of 
education  shall  establish  ten  or  more  institutes  for  colored  teachers,  ap- 
point instructors  and  make  all  rules  and  regulations  therefor.  Grades 
made  by  colored  teachers  in  these  institutes  shall  be  accepted  by  county 
boards  in  lieu  of  examination  in  such  subjects  or  parts  of  subjects  cov- 
ered by  the  work  of  the  institute.  A  tuition  fee  not  to  exceed  two  dollars 
may  be  charged  to  maintain  such  institute.  (Session  Acts  JQOi.) 

The  present  administration  thinks  there  should  not  be  more  than  a  dozen  negro 
institutes.  The  fee  of  two  dollars  will  be  paid  direct  to  the  conductor.  Hereafter 
there  will  be  no  state  fund  known  as  "Colored  Institute  Fund."  Each  institute  will 
have  to  stand  for  itself.  Summer  schools  should  take  place  of  the  institutes. 

SEC.  9969.  Approved  summer  schools. — Grades  made  in  the  sum- 
mer terms  of  the  state  educational  institutions  and  in  such  other  summer 
schools  as  may  be  approved  by  the  state  board  of  education  shall  be  ac- 
cepted by  the  state  superintendent  and  county  boards  in  lieu  of  examina- 
tion in  such  subjects  or  parts  of  subjects  outlined  by  the  state  board. 
(Session  Acts  1901.) 

The  State  Boaord  of  Education  herewith  prescribes  the  conditions  on  which 
summer  schools  may  be  approved  for  the  purposes  of  having  their  grades  accepted 
in  lieu  of  examinations  as  provided  above: 

1.  Such  Summer  Schools  shall  be  conducted  for  a  period  of  not  less  than  forty- 
two  (42)  days  under  the  direction  and  tuition  of  teachers  approved  by  the  State  Board 
of  Education  in  suitable  school  buildings  provided  with  good  reference  libraries   for 
teaching  literature  and  history  by  the  source  method  and  well  equipped  for  teaching 
the  sciences  by  the  laboratory  method. 

2.  All  such  Summer  Schools  shall  maintain,  at  least,  four  departments   (mathe- 
matics,  English,   history  and  science)   each  presided   over  by   a  recognized  specialist 
in  his  department  who   is  a  full  course  graduate  of  a  college  or  normal  school,    or 
holds  a  Missouri   State  Teachers'   Certificate. 

3.  Grades  in  the  following  subjects  shall  be  accepted  by  the  State  Superintend- 
ent of  Public  Schools  and  County  Boards  of  Education  when  properly  certified  to  as 
herein   provided:     (a)   Algebra,   including  as   much  as   is  given  in  the  first  298  pages 
of  Milne's  High   School  Algebra,     (b)   Literature,   including  as   much  as  is  contained 
in  "Introductory  Lessons  in  English  Literature,"   one  of  the   books  selected  for  the 

'Teachers'  Reading  Circle  Course  for  1901;  or  the  critical  study  of  the  "College  En- 
trance Requirements."  (c)  History,  the  equivalent  of  Myer's  Ancient;  or  the  equiva- 
lent of  Myer's  Mediaeval  and  Modern;  or  the  equivalent  of  any  standard  text  on 
English  History,  (d)  Science,  the  equivalent  of  Tarr's  Elementary  Physical  Geog- 
raphy; or  the  equivalent  of  Gage's  Introduction  to  Physical  Science;  or  the  equiva- 
lent of  any  standard  high  school  text  on  zoology  or  botany,  or  in  lieu  thereof  as 
much  as  is  contained  in  four  bulletins  issued  by  the  State  Agricultural  College. 


89 

4.  No  pupil  shall  be  given  credit  in  grades  for  Teachers'   certificates  who   has 
not  attended  said  summer  school  at  least  six-sevenths  of  the  term  and  done  the  work 
for  which   he   is   credited  in  that  term.     Every  pupil  wishing  credits  for  certificates 
shall  be  limited  to  two  subjects  and  must  devote  not  less  than  three  hours  daily  to 
study  and  recitation  in   each.     All  work  in  science  must  be  done  by   the  laboratory 
method;  all  work  in  literature  and  history  by  the  source,  or  library  method. 

5.  At  the  close  of  the  term  every  pupil  completing  one  or  more  subjects  as  pre- 
scribed  in   section   three  shall  be   given   a   certificate   of   attnedance,    on   blanks   fur- 
nished by  the  State  Superintendent  of  Public  Schools,   signed  by  the  director  of  the 
Summer  School,   stating  the  length  of  time  in  days  and  hours  such  pupil  worked  in 
the  school,   the  amount  and  character  of  work  done  and  to  what  exetent  proficient 
in  the  subject  or  subjects.     Nothing  in  these  requirements  should  be  so  construed  as 
to  prevent  any  summer  school  from  organizing  classes  in  other  subjects.     The  law, 
however,   limits  subjects  on  which  grades  be  accepted  to  those  designated  in  section 
three  (3)  above. 

SEC.  9967.  Penalty  for  issuing  certificates  illegally. — Any  county 
commissioner,  member  of  county  board  or  instructor  in  .an  institute  or 
approved  summer  school  who  shall  grant  complimentary  certificates  or 
grades  or  certificates  and  grades  except  in  accordance  witE  the  provisions 
of  this  article  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  to  exceed  five  hundred  dol- 
lars. (Session  Acts  1901.) 

SEC.  9968.  Application  of  article. — This  article  shall  not  apply 
to  cities  having  or  hereafter  attaining  a  population  of  three  hundred  thou- 
sand or  more.  (Session  Acts  1901.) 


ARTICLE  VII. 

SCHOOL.-BOOK    COMMISSION. 


SECTION 

9969.  School-book  commission  created. 

9970.  Commission  to  meet  and  qualify. 

9971.  Commission    to    advertise    for    bids 

to  furnish  books. 

9972.  Commission  to  open  bids,  etc. 

9973.  Commission   to   let   contract   if  bid 

satisfactory. 

9974.  Publisher     shall     guarantee     three 

prices— contract    with    successful 
bidder. 

9975.  President   of   commission     to     pre- 

serve samples  of  books. 


SECTION 

9977.  President     of     commission    to    see 

that  article  is  enforced. 

9978.  Vacancies  in  commission. 

9979.  No    books   to   be   sold   or   used   ex- 

cept those  contracted  for. 

9980.  Directors   permitting   use    of   other 

books— penalty— application  of  ar- 

9981.  Copies   of  this  article   and  lists  of 

books,   etc.,   to  be  distributed. 

9982.  Proceedings    if    no    bids   are   satis- 

factory. 


9976.    Commission  to  have  clerk. 

SEC.  9969.  School-book  commission  created.— The  state  auditor, 
the  attorney-general,  superintendent  of  public  instruction,  president  of  the 
state  normal  school  at  Kirksville,  and  one  practical  public  school  teacher, 
to  be  appointed  by  the  governor,  are  hereby  constituted  a  commission  to 
be  known  as  the  "School-book  commission,"  and  the  members  thereof 
shall  elect  one  of  their  number  president,  and  one  secretary,  and  a  ma- 
jority of  whom  shall  constitute  a  quorum  for  the  transaction  of  business. 
They  shall  each  receive  the  sum  of  five  dollars  per  day  and  actual  travel- 


90 

ing  expense  incurred  in  the  performance  of  their  duties  for  their  ser- 
vices for  the  time  in  actual  session,  which  shall  not  exceed  thirty  days. 
(R.  S.  1899.) 

SEC.  9970.  Commission  to  meet  and  qualify. — Said  commission 
shall,  within  twenty  days  after  this  article  shall  take  effect,  meet  in  the 
City  of  Jefferson  and  qualify  by  taking  oath  of  office  to  faithfully  per- 
form the  duties  as  hereinafter  required.  (R.  S.  1899.) 

SEC.  9971.  Commission  to  advertise  for  bids  to  furnish  books. — 
The  said  school-book  commission  shall,  immediately  after  its  organization, 
proceed  to  advertise  in  any  manner  it  may  deem  most  advantageous  for  the 
lowest  and  best  bids  from  all  reliable  publishing  houses  in  the  United 
States,  at  which  any  such  publishing  house  or  houses  will  furnish  any 
one  or  more  of  their  standard  school  text-books  for  use  in  all  the  public 
schools  of  this  state  for  a  period  of  five  years  and  until  otherwise  pro- 
vided by  law;  and  it  shall  require  each  such  bid  to  be  accompanied  with 
a  sample  copy  of  the  book  or  books  on  which  the  bid  is  submitted,  and 
also  a  deposit  of  five  hundred  dollars,  to  cover  all  costs  and  damages 
arising  from  failure  or  refusal  to  enter  into  contract  in  case  such  bid 
be  accepted  by  the  commission,  as  hereinafter  provided.  (R.  S.  1899.) 

SEC.  9972.  Commission  to  open  bids,  etc. — Said  commission  shall, 
at  the  expiration  of  the  time  allowed  by  the  said  advertisement  for  filing 
bids,  convene  at  the  office  of  the  president  thereof,  at  the  City  of  Jef- 
ferson, and  proceed  at  once  to  open  said  bids  and  examine  said  books 
accompanying  same,  and  select  from  said  bids  and  samples  a  list  of  books 
to  be  contracted  for :  Provided,  the  commission  shall  have  authority  to 
reject  any  and  all  bids.  (R.  S.  1899.) 

SEC.  9973.  Commission  to  let  contract  if  bid  satisfactory. — If 
any  of  said  bids  be  satisfactory  to  the  commission,  then  it  shall  proceed 
to  select  the  cheapest  and  best  course  of  text-books  so  offered,  taking 
into  consideration  the  quality  of  material  used,  illustrations,  binding  and 
all  other  things  that  enter  into  the  publication  of  a  desirable  school  text- 
book, as  follows,  to  wit :  Chart,  reading,  spelling,  language  lessons, 
English  grammar,  geography,  arithmetic  (mental  and  written),  U.  S. 
history,  civil  government,  physiology  and  penmanship.  The  said  com- 
mission shall  also  select  school  text-books  of  the  same  or  different  author-- 
ship needful  for  use  in  all  the  public  high  schools  in  the  state  on  all 
subjects  which,  in  their  judgment,  are  requisite  and  necessary  for  the 
educational  welfare  of  the  schools.  (R.  S.  1899.) 

The  law  and  the  contracts  apply  to  texts  adopted  for  high  schools  and  are  just 
as  binding  on  these  as  they  are  on  the  common  school  subjects.  The  line  of  demark- 
ation  between  the  elementary  schools  and  high  schools  is  not  defined  by  the  statutes. 
County  Boards  of  Education  have  the  legal  right  to  establish  this  for  all  school  dis- 


tricts  having  fewer  than   one  thousand  children   enumerated.     In   all   other  districts, 
the  local  school  boards  may  legally  proscribe  the  courses. 

SEC.  9974.  Publishers  shall  guarantee  three  prices — contract  with 
successful  bidder. — Said  commission  shall  require  all  publishers  sub- 
mitting bids  as  aforesaid  to  specify  and  guarantee  three  prices:  ist, 
the  contract  price;  2nd,  the  retail  price,  which  shall  not  be  more  than 
fifteen  per  cent,  above  the  contract  price;  and  3rd,  the  mailing  price 
upon  which  they  propose  to  furnish  such  books,  and  upon  what  terms; 
for  the  purpose  of  introduction,  they  will  exchange  their  books  offered 
for  such  books  of  different  kind  as  are  now  in  actual  use  in  the  public 
schools  of  the  state  to  which  this  article  applies,  and  the  commission, 
upon  its  acceptance  of  any  one  or  more  of  such  bids,  shall  forthwith 
and  with  the  aid  of  the  attorney-general,  enter  into  a  contract  or  con- 
tracts, in  the  name  of  the  state  of  Missouri,  for  a  period  of  five  years, 
and  until  otherwise  provided  by  law,  with  such  publishing  house  or  houses 
whose  bid  or  bids  shall  have  been  accepted,  fully  and  clearly  setting  out 
the  terms  of  the  agreement,  and  shall  state  specifically  the  class  and 
kind  of  books  to  be  furnished.  The  actual  price  at  which  the  books 
will  be  supplied  to  dealers  and  citizens,  and  the  exact  terms  upon  which 
exchanges  of  new  books  for  old  books  will  be  made  and  price  for  which 
books  will  be  mailed  to  purchasers,  and  in  case  of  violation  of  the  agree- 
ment, the  commission  may  revoke  the  contract  at  any  time,  the  contract 
not  to  take  effect  until  bond  in  the  sum  of  ten  thousand  dollars  is  exe- 
cuted and  approved  by  the  commission,  conditioned  for  the  faithful  per- 
formance of  the  contract  by  the  publishing  house  or  houses  given  the 
contract,  and  which  bond  shall  be  filed  with  the  secretary  of  state.  (R. 
S.  1899.) 

Under  the  contracts,  the  publishers  must  sell  their  books  to  dealers  in  two  towns 
or  cities  in  each  county  of  the  State  at  contract  prices,  and  these  dealers  must  sell 
the  books  to  purchasers  for  use  in  the  schools.  Should  any  dealer  authorized  to  handle 
adopted  text-books  sell  them  or  any  one  of  them  for  more  than  the  retail  price  as 
given  hereafter,  the  contract  and  bond  shall  be  forfeited. 

Attorney-General  Crow  says:  "If  any  publishing  house  or  individual  supplying 
text-books  under  a  contract  made  in  accordance  with  the  statute  under  consideration 
should  charge  more  than  the  price  fixed  by  the  terms  of  the  contract  for  books,  or 
should  violate  any  other  provision  of  the  contract,  the  Governor  of  Missouri  could 
reconvene  the  commission,  and  said  body  is  by  the  terms  of  the  contract  specifically 
given  the  power  to  forfeit  the  rights  thereunder  of  the  publishing  house  or  individual 
violating  the  contract  made  with  the  State;  and  when  a  contract  shall  have  been 
declared  forfeited  by  the  commission,  said  commission  could,  if  it  wished,  make  a  new 
contract  to  take  the  place  of  the  forfeited  one,  after  first  advertising  for  bids  as  pro- 
vided by  section  9971,  and  if  a  contract  should  be  forfeited  and  no  new  one  made  to 
take  its  place,  then  other  text-books  than  those  named  in  the  forfeited  contract  could 
be  legally  sold  by  anyone,  and  used  in  the  schools  of  the  State." 


92 

Note  that  old  contracts  must  bo  forfeited  before  the  commission  can  adopt 
other  books  or  make  any  substitutions. 

The  contracts  provide  for  substitutions  in  certain  cases.  The  law  does  not  au- 
thorize it  however. 

SEC.  9975.  President  of  commission  to  preserve  samples  of  books. 
It  shall  be  the  duty  of  the  president  of  the  commission  to  carefully  label 
and  file  away  all  sample  copies  of  the  books  so  furnished  as  hereinbefore 
provided,  and  for  which  contract  shall  have  been  entered  into  as  herein 
specified,  which  shall  be  securely  kept  as  a  standard  of  quality  and  ex- 
cellence to  be  maintained  in  such  books  during  the  continuance  of  said 
contract.  (R.  S.  1899.) 

No  other  than  the  adopted  books  can  be  legally  used  unless  a  contract  is  for- 
feited. 

SEC.  9976.  Commission  to  have  clerk. — The  commission  shall  be 
allowed  one  clerk  at  a  salary  of  not  to  exceed  three  dollars  and  fifty  cents 
per  day,  which  shall  be  paid  by  the  state  treasurer  out  of  the  funds  here- 
inafter appropriated  for  that  purpose,  upon  vouchers  signed  by  the  gov- 
ernor and  president  of  the  commission.  (R.  S.  1899.) 

SEC.  9977.  President  of  commission  to  see  that  article  is  enforced. 
After  the  commission  shall  have  entered  into  such  contract  or  contracts, 
and  shall  have  discharged  all  the  duties  as  herein  provided  for,  then  it 
shall  be  the  special  duty  of  the  president  of  said  commission  to  see  that 
all  the  provisions  of  said  contract  or  contracts  are  faithfully  carried  out : 
Provided,  said  commission  may  be  reconvened  at  any  time  by  the  gov- 
ernor, when  in  his  judgment  and  the  judgment  of  the  president  of  the 
commission,  an  emergency  exists  requiring  such  a  meeting  for  fully  car- 
rying out  the  provisions  of  this  article,  and  if  so  convened  the  same  com- 
pensation as  provided  in  sections  9969  and  9976  of  this  article  shall  be 
allowed.  (R.  S.  1899.) 

There  is  no  president  of  the  commission.  The  then  State  Superintendent,  John 
R.  Kirk,  was  elected  president  of  the  commission.  At  the  expiration  of  his  term  the 
office  of  president  of  the  commission  became  vacant.  The  commission  has  never 
been  reconvened  and  there  has  been  no  opportunity  to  elect  a  president. 

SEC.  9978.  Vacancies  in  commission. — In  case  of  a  vacancy  by 
death,  resignation  or  otherwise  in  said  commission,  such  vacancy  shall  be 
filled  by  the  governor  within  twenty  days  after  notice  thereof.  (R.  S. 
1899.) 

SEC.  9979.  No  books  to  be  sold  or  used  except  those  contracted 
for. — From  and  after  the  first  day  of  September,  1897,  and  until  other- 
wise provided  by  law,  no  text-books  except  those  contracted  for  by  said 
commission  shall  be  sold  for  use  in  the  public  schools  of  Missouri;  and 
from  and  after  the  first  day  of  September,  1898,  and  until  otherwise  pro- 


93 

vided  by  law,  no  text-books  except  those  contracted  for  by  said  commis- 
sion shall  be  used  or  taught  in  any  public  school  within  this  state.  (R. 
S.  1899.) 

The  provisions  of  this  section  are  plain.  Nothing  otherwise  has  been  provided  by 
law,  hence  it  is  illegal  to  use  any  other  than  the  adopted  books. 

SEC.  9980.  Directors  permitting  use  of  other  books — penalty- 
application  of  article. — Any  school  director  or  board  of  school  direc- 
tors of  any  school  district  within  this  state,  who  shall  sanction  or  permit 
any  other  text-book  or  books  in  the  same  branches  and  of  the  same  grade 
as  those  hereinbefore  provided  for  to  be  used  in  any  public  schools  of 
such  district,  after  the  date  hereinbefore  specified  in  section  9979,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  fined  not  less  than  five  nor  more  than  twenty-five  dollars  for  each  of- 
fense: Provided,  that  nothing  in  this  article  shall  be  so  construed  as  to 
prohibit  any  board  of  school  directors,  superintendent  or  teacher  from 
using  readers  or  works  in  literature  for  supplementary  reading  when  the 
same  can  be  furnished  by  the  board  or  any  other  person,  without  expense 
to  the  pupils  of  such  school ;  and  provided  further,  that  such  supplemen- 
tary reading  shall  not  displace  or  take  the  place  of  any  reader  adopted  by 
said  text-book  commission ;  and  provided  further,  the  board  of  directors 
of  each  school  district  in  this  state  shall  have  power  to  purchase  at  the 
expense  of  the  district,  and  pay  for  the  same  out  of  the  contingent  fund, 
a  sufficient  number  of  books  used  to  supply  children  whose  parents  are 
unable  to  buy  them :  Provided,  that  none  of  the  provisions  of  this  article 
shall  apply  to  cities  having  a  population  of  fifty  thousand  or  over.  (R. 
S.  1899.) 

Until  the  general  assembly  repeals,  or  amends  the  present  law,  or  authorizes 
new  adoption  or  substitutions,  it  will  be  a  misdemeanor  for  any  school  board  to  per- 
mit the  use  of  any  other  than  the  adopted  text-books. 

SEC.  9981.  Copies  of  this  article  and  lists  of  books,  etc.,  to  be 
distributed. — In  carrying  out  the  provisions  of  this  article  it  shall  be 
the  duty  of  the  president  of  the  commission  to  arrange,  in  convenient 
form,  copies  of  instructions,  containing  a  copy  of  this  law  and  a  complete 
list  of  all  text-books  contracted  for  as  aforesaid,  giving  the  contract  price, 
the  retail  price  and  the  mailing  price  of  each  book,  and  the  conditions 
of  exchange,  if  any,  with  the  address  of  the  publisher  and  instructions 
for  procuring  same  and  any  blank  form  hereinafter  provided  for,  in  suffi- 
cient numbers,  and  shall  distribute  the  same  to  the  county  school  com- 
missioners of  the  various  counties  of  the  state,  and  the  said  county  school 
commissioners  are  hereby  required  to  distribute  at  least  two  copies  of  the 
same  to  the  clerk  of  each  school  district  in  his  county;  said  clerk  shall  file 
one  copy  with  the  teacher  of  the  school  for  his  use.  (R.  S.  1899.) 


94 

SEC.  9982.  Proceedings  if  no  bids  are  satisfactory. — Should  the 
bids  for  furnishing  such  books,  or  any  part  thereof,  be  rejected  by  said 
commission,  they  shall  be  empowered  and  are  hereby  directed  to  adver- 
tise for  other  bids  and  enter  into  other  contracts  as  provided  for  in  this 
article.  (R.  S.  1899.) 


95 


TEXT-BOOKS  CONTRACTED  FOR 

BY  THE 

Missouri  School-Book  Commission  for  a  period  of  five  years  from  September 

1,  1897,  and  until  otherwise  provided  by  law. 

ELEMENTARY  OR  "COMMON-SCHOOL"  BOOKS. 


Author  and  name. 

Publisher. 

d 

g| 

W 
«  ® 

II 

^f 

M 

Exchange 
price  .  .  . 

MENTAL  ARITHMETIC. 

White's  Oral,  in  cloth  

A.  B.  Co  

$    26^ 

$    30 

$    33 

$    18 

WRITTEN  ARITHMETIC. 

A.  B.  Co  

23 

25 

30 

09 

Milne's  St'indard    in  cloth 

49 

56 

65 

19 

MANUALS  FOR  TEACHERS  ONLY. 

Speer's  Part  One   in  cloth            

Ginn  &  Co 

27 

29 

35 

21 

W.  &  T  

24 

27 

32 

14 

CHART. 

Striker,  with  easel  

Ginn  &  Co    

6  00 

6  90 

700 

420 

Striker   without  easel  ... 

5  00 

5  75 

6  25 

3  75 

GEOGRAPHIES. 

Rand-McNally  Elementary,  cloth  

W.  &T  

37 

42 

43 

21 

Rand-McNally  Complete,  cloth  

71 

81 

92 

42 

GRAMMAR. 

Patrick's  Lessons  in  Grammar   cloth 

St.  L.  Book  Co  

21  % 

25 

25 

12 

HIST.  AND  CIVIL  GOV.  OP  MISSOURI. 

Rader,  cloth  

Oxford  Publishing  Co 

66 

75 

85 

40 

HISTORY,  UNITED  STATES. 

Morris's  Elementary  History,  cloth  
Shinn's  American  People,  cloth  

J.  B.  L.  &Co  
A.  B.  Co  

45 

75 

51 

86 

54 
1  00 

21 
30 

LANGUAGE  LESSONS. 

De  Garmo  1st  book,  cloth  

W.  Sch.  Bk.  Co  

23 

26 

30 

15 

De  Garmo  2nd  book   cloth  .... 

.  • 

31 

35 

40 

20 

De  Garmo  1st  book  '  boards 

>  i 

20 

23 

25 

10 

De  Garmo  2nd  book,  boards  ...           .... 

«  i 

27 

30 

35 

15 

De  Garmo  1st  and  2nd  books  complete  in 
one  vol     boards                       • 

,t 

31 

35 

40 

20 

PENMANSHIP. 

per 

per  doz. 

each 

doz. 

Vertical  Writing  (Natural  System)  

D.  C.  H.  &  Co  

57 

05 

64 



PHYSIOLOGY. 

Baldwin's  Essential  Lessons,  cloth  

W.  Sch.  Bk.  Co  

40 

45 

50 

25 

READERS. 

New  Franklin    Primer  and   1st   Reader 

Sheldon  &  Co 

IQi/c, 

12 

14 

0(5 

14  78 

17 

20 

09 

New  Franklin  3rd  Reader,  cloth  back.  .. 

20 

23 

26 

13 

30% 

35 

38 

17 

New  Franklin  5th  Reader'  full  cloth 

39% 

45 

50 

25 

New  Franklin  Primer   and  1st   Reader 

combined    full  cloth 

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17 

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08 

2'? 

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96M 

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New  Fr'inklin  4th  Jte'ider    full  cloth 

33M 

38 

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New  Franklin  5th  Ro.adpr.  full   ninth... 

« 

39% 

45 

50 

25 

96 


ELEMENTARY  OR  "COMMON-SCHOOL"  BOOKS— Continued. 


«f 

CD 

- 

H 

Author  and  name. 

Publisher. 

2.5- 

n  & 

*5  ~ 

^  £• 

CD  95 

o  — 

o  5 

h-.  p 

CD 

CC3<5 

CD  ^ 

•     CD 

PRIMER. 

Taylor's  Primer,  boards  and  cloth  

W.  Sch.  Bk.  Co  

I      23 

$    20 

30 

$      18 

SPELLER. 

Sever's  Progressive  Speller,  cloth  

D.  C.(H.  &Co  

15 
13 

19 
16 

28 
23 

10 
g 

HIGH-SCHOOL  BOOKS. 


AGRICULTURE  AND  HORTICULTURE. 

Bailey's  Plant  Breedin°p            ..        

MacMillan  Co  

$      H7 
(57 
50 

84 

45 

75 

52 

1  00 
65 
1  10 

88 
90 

39 

58 
79 

63 

$    77 
77 
58 
97 

51 

86 

59 

1  15 
75 
1  27 
1  Ot 
1  03 

44 
66 
90 

69 

$    77 

77 
58 
97 

60 
1  00 

66 

1  25 
80 
2  17 
1  10 
1  05 

48 
72 
98 

80 

$  60 
60 
45 
75 

30 
40 

46 

60 
50 
65 
60 

68 

Kio^'s  "The  Soil"                    

r« 

i  < 

ALGEBRA. 

A,  B.  Co  

TVlilnp'<5  TJIffh  School     Moth 

ARITHMETIC,  HIGHER. 

Walsh's  Higher  Arithmetic 

D.O.  H.  &Oo  

ASTRONOMY. 

Howe's  Element's   of     Descriptive   As- 
tronomy   

BIOLOGY. 

Koyer's  Elementary  Biology  

BOOK-KEEPING. 

Tablet  Method  of  Book-keeping  

S.B.  &Co  
D.  O.  H.  &Co  

Ellis  Pub    Co 

BOTANY. 

Bergen's  Elements  of  Botany  

Ginn  &  Co 

CHEMISTRY. 

Shepard's  Elements  of  Chemistry  

DICTIONARIES. 

Webster's  Primary  Dictionary  
Webster's  Common  School  

D.  0.  H.  &Co  
A.  B.  Co  

Webster's  Hi^h  School    

ii        '  '  ' 

ELOCUTION. 

Smith's  Reading  and  Speaking.  ......... 

ENGLISH  CLASSICS. 

D.  C.  H.  &Co  

Eclectic  English  Classics  

American  Book  Co.    ..... 

Classics'                                            ...  . 

Ginn  &  Co     

English'  Classics 

Kiverside  Literature  Series             

Hou^hton    Mifflin  &  Co 

Leach,  Shewell  &  Sanborn 

Fnglish  Classic  Series 

Classics 

Silver    Burdette  &  Co 

FRENCH. 

87 
90 

1  00 
1  03 

1  00 
1  20 

60 
55 

GEOLOGY. 

Leconte's  Compend  of  Geology  

A.  B.  Co...  

97 


HIGH-SCHOOL  BOOKS-  Continued. 


Author  and  name. 

Publisher. 

Contract 
price  — 

«| 

H 

& 

&•£ 

®Q 

•   CP5 

Exchange 
price  — 

GEOMETRY. 

Phillips,  &  Fisher's  Plane  

at     GA 

t       prf 

*     70 

Phillips  &  Fisher's  Elements  Abridged.. 

98 

1  05 

1  15 

50 

GERMAN. 

Joynes-Meissner's  Grammar  
Joynes-Meissner's  Reader  

D.C.  H.  &Co  

91 
7H 

1  03 

84 

1  05 
90 

67 

Z.A 

Harris'  German  .Lessons  



47 

54 

57 

36 

GOVERNMENT,   AMERICAN. 

Hinsdale's  American  Government  

W.  Sch    Bk    Co 

40 
80 

46 
92 

50 
1  00 

20 

50 

GRAMMAR,  COMPOSITION  &  RHETORIC. 

Patrick's  Higher  English  

Becktold 

35 

40 

45 

15 

Southworth   &   Goddard's   Elements  of 
Composition  &  Grammar  

L    S    &  S 

on  a/ 

45 

60 

36 

William's  Rhetoric  

D    C    H    &  Co 

ftt 

78 

82 

40 

Hill's  Foundations  of  Rhetoric  

80 

85 

95 

43 

Buehler's  Practical  Exercises  in  Eng  

40 

42 

46 

22 

GREEK. 

White's  First  Greek  Book  

Ginn  &  Co           

1  00 

1  15 

1  25 

75 

Harper  &  Castle's  Prose  Oomp  

A    B    Co 

57 

65 

75 

35 

Ginn  &  Co 

1  20 

1  38 

I  50 

1  00 

Harper  &  Wallace's  Anabasis  

A    B    Co 

1  13 

1  29 

1  50 

70 

HISTORY. 

1  13 

1  29 

1  fO 

90 

JMyers'  Medieval  &  Modern  

i  is 

1  29 

1  50 

90 

Myers'  General.   .                                     ... 

,  , 

1  13 

1  99 

1  50 

90 

Green's  Short  Hist,  of  Eng.  Peo  

96 

1  05 

1  15 

53 

Fiske's  American.  

H    M.    &  Co 

79 

90 

95 

60 

LATIN. 

Collar  &  Daniell's  1st  Latin  Book  

Ginn  &  Co        

75 

86 

1  00 

50 

Churchill  &  Sanford's  Viri  Komae  
Rolf  e's  Nepos  

S    F.  &  Co  
Allyn  &  B                       .... 

57 

83 

65 
94 

67 
94 

35 
45 

fi« 

75 

75 

30 

Allen  &  Greenough's  Grammar. 

Ginn  &  Co              

90 

1  03 

20 

52 

Harper  &  Tolman's  Ctvsar  ... 

A    B   Co 

90 

1  03 

20 

60 

Lowe  &  Ewing's  Cassar  

S.  F.  &  Co  
Allyn  &  B 

94 
1  00 

1  08 
1  15 

11 
15 

60 
65 

Comstock's  Vergil  ... 

1  05 

1  20 

20 

70 

Arnold's  Prose  Comp  

Moulton  &  Collar's  Prose  Comp  ... 

A.  B.  Co  

75 

60 

86 
69 

00 
80 

45 
30 

LITERATURE. 

Matthew's  Introduction  to  Am.  Lit  
Hawthorne  &  Lemon's  American  Lit... 

A.  B.  Co....  
D    C    H    &  Co  

75 

85 

86 
98 

1  00 
1  10 

60 
65 

Painter's  English  Literature  

[j.  s    &  S  

96^ 

1  10 

1  25 

75 

MUSIC. 

Normal  1st  Reader  
Normal  2nd  Reader    .... 

S.  B.  &  Co.  

MA 

45  i 

28 
52 

32 
60 

18 
26 

Cecilian  Seiies  Study  and  Song  Book  II  1 

45  I 

52 

60 

26 

Cecilian  Series  Study  and  Son*"1'  Book  IV 

54 

91 

72 

30 

Son^s  of  the  Nation  —  Johnson 

48 

55 

60 

27 

First  Series  Charts 

7  40 

8  50 

Second  Series  Charts    

7  40 

8  50 

MYTHOLOGY. 

Guerber's  Myths  of  Greece  and  Rome  — 

PHYSICAL  GEOGRAPHY. 

A.  B.  Co  
MacMillan  Co  

1  16 
1  10 

1  33 
1  25 

1  50 
1  25 

90 

7S 

Tarr's  1st  Book,  Mo.  Edition... 

76 

87 

87 

55 

SL— 7 


98 


HfGH  SCHOOL  BOOKS-Continued. 


Author  and  name. 

Publisher. 

Contract 
price.  .. 

,P 
s£ 

CD  ~ 

g 

tJ  P 

II 

Exchange 
price.  .  . 

PHYSIOLOGY. 

Stowoll's  Essentials  of  Health.  

S.  B.  &  Co  

$    61 

$70 

1  75 

$    35 

PHYSICS. 

Ginn  &  Co 

75 

86 

1  00 

50 

POLITICAL,  ECONOMY. 

H    Holt  &  Oo        

80 

92 

1  10 

70 

TRIGONOMETRY. 

Ginn  &  Co  

68 

78 

85 

51 

96 

1  10 

1  20 

ZOOLOGY. 

Col  ton's  Zoology,  

D.  0.  H.  &Co  

65 

74 

77 

48 

NAMES  AND  ADDRESSES  OF  PUBLISHERS. 


Allyn  &  Bacon,  Chicago,  III. 

American  Book  Oo  ,  Chicago,  111. 

Becktold  Printing  and   Book  Mfg.   Co.,   St. 

Louis,  Mo 

Educational  Publishing  Co.,  Chicago,  ill. 
Ellis  Publishing  Co.,  Battle  Creek,  Mich. 
Ginn  &  Co.,  Chicago,  111. 
Harper  &  Bros.,  Chicago,  111. 
Heath,  D.  C   &  Co.,  Chicago.  111. 
Holt,  Henry  &  Co.,  Chicago,  III. 
Houghton,  Mifflin  &  Co.,  Chicago,  111. 


Leach,  Shewell  &  Sanborn,  Chicago,  111. 
Lippincott,  J.  B.  &  Co.,  Philadelphia,  Pa. 
Maynard,  Merrill  &  Co.,  New  York  City 
Scott,  Forseman  &  Co,,  Chicago,  111. 
Sheldon  &  Co.,  Chicago,  111. 
Silver,  Burdett  &  Co  ,  Chicago,  111. 
St.  Louis  Book  Co.,  St.  Louis,  Mo. 
The  MacMillan  Company,  New  York  City. 
Werner  School  Book  Co.,  Chicago,  111. 
Woodward-Tiernan  Printing    Company,  St. 
Louis,  Mo. 


99 


IMPORTANT   SECTIONS   BEARING   ON   SCHOOL  LAW. 


SEC.  1922.  Claims  corruptly  allowed  by  county  courts  and  other 
officers. — Any  member  of  the  county  court,  common  council  or  board 
of  trustees,  or  officer  or  agent  of  any  county,  city,  town,  village,  school 
township,  school  district  or  other  municipal  corporation,  who  shall,  in  his 
official  capacity,  willfully  or  corruptly  vote  for,  assent  to  or  report  in 
favor  of,  or  allow  or  certify  for  allowance,  any  claim  or  demand,  or  any 
part  thereof,  against  the  county,  city,  town,  village,  school  township, 
school  district  or  other  municipal  corporation,  of  which  he  is  such  officer 
or  agent,  or  against  the  county  court,  common  council  or  board  of  trus- 
tees of  which  he  is  a  member — such  claim  or  demand,  or  part  thereof, 
being  for  or  on  account  of  any  contract  or  demand  or  service  not  author- 
ized or  made  as  provided  or  required  by  law — every  such  person  so  of- 
fending shall,  on  conviction,  be  punished  by  imprisonment  in  the  peni- 
tentiary not  more  than  five  years,  or  by  a  fine  of  not  less  than  one  hundred 
nor  more  than  five  thousand  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  two  nor  more  than  twelve  months,  or  by  both  such  fine 
and  imprisonment.  (R.  S.  1899.) 

SEC.  1974.  Injury  of  school-houses  and  church  buildings. — Every 
person  who  shall  injure,  deface  or  destroy  any  building  used  as  a  school- 
house,  or  any  church  building  or  other  building  used  for  such  purposes 
or  for  other  religious  or  educational  purpose,  or  any  furniture,  fixtures 
or  apparatus  thereto  belonging,  or  who  shall  deface,  mar  or  disfigure  any 
such  building,  or  any  part  thereof,  or  the  fixtures  therein,  by  writing, 
painting,  cutting  or  pasting  thereon  any  likeness,  figures,  words  or  de- 
vice, or  who  shall  commit  any  trespass  upon  the  land  connected  with  said 
school-house  and  used  for  school  or  educational  purposes,  by  removing 
therefrom  the  water,  contained  in  any  well,  cistern  or  reservoir,  in  which 
water  is  gathered  or  kept  for  the  supply  of  said  school-house  or  those  at- 
tending the  same,  and  without  the  permission  in  writing  of  the  person  or 
persons  having  the  legal  control  of  said  school-house  and  land,  or  who 
shall  in  any  manner  pollute  the  water  contained  in  any  well,  cistern  or 
reservoir,  shall  be  deemed  guilty  of  a  misdemeanor.  (R.  S.  1899.) 

SEC.  2160.  Disturbing  religious  assemblies. — Every  person  who 
shall  willfully,  maliciously  or  contemptuously  disquiet  or  disturb  any 
camp  meeting,  congregation  or  other  assembly  "met  for  religious  worship, 
or  when  meeting  at  the  place  of  worship,  or  dispersing  therefrom,  or  any 
school  or  other  meeting  or  assembly  of  people  met  together  for  any  law- 
ful purpose  whatever,  by  making  a  noise,  or  by  rude  or  indecent  behavior 


IOO 

or  profane  discourse  within  the  place  of  assembly,  or  so  near  the  same 
as  to  interrupt  or  disturb  the  order  or  solemnity  thereof,  or  who  shall  will- 
fully menace,  threaten  or  assault  any  person  there  being,  shall  be  deemed 
guilty  of  a  misdemeanor.  (R.  S.  1899.) 

SEC.  i.  Cigarettes,  unlawful  to  sell  or  give. — It  shall  be  unlawful 
for  any  person,  firm  or  corporation,  in  this  state  to  sell,  or  give,  or  offer 
to  sell  or  give  any  cigarette  or  cigarettes  or  cigarette  paper  or  cigarette 
wrappers  to  persons  under  the  age  of  eighteen  years.  Any  person,  firm 
or  corporation  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars  for  each  offense.  (Session 
Acts  1903.) 

SEC.  5157.  Bonded  debt  of  counties,  cities,  etc.,  may  be  funded.— 
The  various  counties  in  this  state,  for  themselves,  as  well  as  in  behalf  of 
any  township  or  parts  of  townships  for  which  said  counties  may  have 
heretofore  issued  any  bonds,  and  the  several  cities,  villages,  incorporated 
towns  and  school  districts,  are  hereby  authorized  by  their  respective 
county  courts,  and  the  said  cities,  villages,  and  incorporated  towns  by  their 
authorities,  and  the  said  school  districts  by  their  respective  school  boards, 
to  fund  any  part  or  all  of  their  existing  bonded  indebtedness,  including 
any  judgments,  bonds,  or  coupons,  at  a  lower  rate  of  interest,  and  for 
that  purpose  may  issue,  negotiate,  sell  and  deliver  renewal  or  funding 
bonds,  and  with  the  proceeds  thereof,  pay  off,  redeem  and  cancel  old 
bonds,  as  the  same  are  called  for  redemption :  Provided,  that  such  fund- 
ing bonds  shall  not  be  sold  for  less  than  the  par  value  thereof  and  that  in 
no  case  shall  the  amount  of  the  debt  of  any  such  county  or  township  or 
parts  of  townships,  or  city,  village,  incorporated  town  or  school  district 
nor  the  rate  of  interest  on  such  debt  be  increased  or  enlarged  under  the 
provisions  of  this  chapter;  and  provided  also,  that  no  funding  bonds  is- 
sued under  this  chapter  shall  be  payable  in  less  than  five  nor  more  than 
thirty  years  from  the  date  thereof,  and  that  such  funding  bond  shall  be 
of  the  denomination  of  not  more  than  one  thousand  dollars  nor  less  than 
one  hundred  dollars,  and  shall  bear  interest  not  to  exceed  five  per  cent, 
per  annum,  payable  annually  or  semi-annually,  and  to  this  end  each  bond 
shall  have  annexed  interest  coupons,  and  the  funding  bonds  and  coupons 
shall  be  made  payable  to  bearer :  Provided,  that  nothing  in  this  act  shall 
be  so  construed  as  prohibiting  any  county,  city,  township  or  school  district 
having  a  bonded  debt  from  refunding  such  debt  without  the  submission 
of  the  question  to  a  popular  vote,  whenever  such  refunding  can  be  done 
at  a  lower  rate  of  interest  than  the  bonds  so  refunded  bore.  (R.  S.  1899.) 

23  Mo.  483;  33  Mo.  440;  36  Mo.  294;  38  Mo.  450;  41  Mo.  453;  44  Mo.  197,  504;  45  Mo.  458; 
47  Mo.  349;  48  Mo.  167,  390;  50  Mo.  338,  600;  51  Mo.  479,  522;  54  Mo.  58;  56  Mo.  126;  62  Mo. 


101 


188;  67  Mo.  353,  445;  69  Mo.  150,  224;  72  Mo.  329,  -4M;' 85 'Mo".  41;  86'Mo?  551}  32  Mo.  511;  93  Mo. 
606;  96  Mo.  29;  101  Mo.  136;  106  Mo.  659;  109  Mo.  248;  112  Mo.  126;  113  Mo.  297;  116  Mo.  129; 
120  Mo.  577;  121  Mo.  614;  123  Mo.  72;  128  Mo.  427;  45  A.  660;  69  A.  660.  Where  vote  held 
necessary.  42  Mo.  171;  45  Mo.  242;  48  Mo.  167,  390;  51  Mo.  350;  67  Mo.  445.  Irregularities. 
33  Mo.  440;  36  Mo.  294;  47  Mo.  349;  48  Mo.  390,  167;  45  A.  660.  When  void.  48  Mo.  167;  56 
Mo.  126;  66  Mo.  498;  67  Mo.  354,  445.  Conflict,  federal  and  state  courts.  72  Mo.  499;  75 
Mo.  246;  77  Mo.  573;  106  Mo.  659.  A  bona  fide  holder  for  value  has  right  to  presume  the 
issue  regular.  51  Mo.  483;  54  Mo.  58;  7  A.  294.  Tender.  107  Mo.  50.  Dealing  with  agent, 
etc.  143  Mo.  13. 

This  section  vests  the  board  of  directors  with  authority  to  refund  the  bonded 
indebtedness  of  the  district  at  a  less  rate  of  interest  at  any  time  after  it,  by  the 
terms  of  the  bonds,  becomes  payable  at  the  option  of  the  board,  and  before  final  ma- 
turity thereof. 

SEC.  6761.  Contractors  with  counties,  cities,  school  districts,  etc., 
to  give  bond. — All  counties,  cities,  towns  and  school  districts  making 
contracts  for  public  work  of  any  kind  to  be  done  for  such  county,  city, 
town  or  school  district,  shall  require  every  contractor  to  execute  a  bond 
with  good  and  sufficient  securities,  and  such  bond  among  other  conditions 
shall  be  conditioned  for  the  payment  for  all  material  used  in  such  work, 
and  all  labor  performed  on  such  work,  whether  by  sub-contract  or  other- 
wise. (R.  S.  1899.) 

SEC.  9993.  Authority  to  teach.— The  normal  diploma,  conferred 
upon  completing  the  "advanced  course,"  shall  entitle  the  holder  thereof 
to  teach  in  any  county  in  this  state,  without  further  examination,  until 
revoked  by  the  board  of  regents  or  curators  granting  the  same,  or  by  the 
county  school  commissioner,  or  state  superintendent  of  schools,  for  in- 
competency,  cruelty,  immorality,  drunkenness  or  neglect  of  duty;  and 
the  normal  certificate,  granted  upon  completing  the  "elementary  course," 
shall  bear  the  names  of  the  branches  of  study  completed  and  the  grades 
sustained  in  each ;  and  said  certificate  shall  in  like  manner  entitle  the 
holder  thereof  to  teach  the  branches  therein  named  for  a  period  of  two 
years  from  date,  unless  sooner  revoked  by  said  board,  or  county  school 
commissioner,  or  state  superintendent  of  schools,  for  one  or  more  of  the 
causes  above  specified;  and  the  provisions  of  this  section  shall  apply  to 
the  normal  department  of  the  university  of  Missouri  and  to  Lincoln  in- 
stitute. The  secretary  of  each  board  shall  annually,  in  the  month  of  June, 
transmit  to  the  state  superintendent  the  names  of  those  receiving  such 
diploma  or  certificate,  with  residence  and  date  of  issue,  and  the  state  su- 
perintendent shall  annually,  in  the  month  of  August,  forward  to  each 
county  commissioner  a  printed  list  of  persons  holding  state  certificates 
now  in  force,  and  those  authorized  to  teach  under  the  provisions  of  this 
section,  giving  name,  residence,  date  of  qualification,  and  by  whom  con- 
ferred, and  the  date  each  normal  certificate  expires;  and  the  holder  of 
such  state  certificate,  normal  diploma  or  normal  certificate  shall,  before 


T02 


commencing  to  teach  a  public*  scnoolm  any  county  in  this  state,  notify  the 
county  commissioner  thereof  of  such  fact,  give  date  of  qualification,  and 
by  whom  conferred.  (R.  S.  1899.) 

SEC.  9998.  Report  to  state  superintendent. — The  president  of 
each  of  the  boards  of  regents  of  the  normal  schools  shall  make  to  the  state 
superintendent  of  public  schools  an  annual  report  in  the  month  of  August 
in  each  year,  which  shall  contain  a  full  account  of  the  acts  of  said  board, 
of  all  receipts  of  moneys  from  appropriations,  tuition  fees  and  all  other 
sources,  and  the  disbursements  thereof  and  for  what  purposes,  and  the 
condition  of  said  normal  schools;  also  a  list  of  the  names  of  all  students 
that  may  have  been  taught  in  the  respective  normal  schools  during  the 
preceding  year,  with  the  age  and  place  of  residence  of  each,  the  number 
of  terms  enrolled,  the  number  of  days  each  has  been  taught,  and  the 
amount  of  tuition  or  incidental  fees  paid.  (R.  S.  1899.) 

SEC.  10503.  Selling  liquor  to  students,  how  punished. — Any  per- 
son who  shall  knowingly  sell,  give,  or  in  any  manner  dispose  of  any 
intoxicating  liquor  to  any  student  of  the  state  university,  or  of  any  school, 
college  or  academy  in  this  state,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  be  punished  by  a  fine  of  not  less  than  forty  nor 
more  than  four  hundred  dollars,  or  by  imprisonment  in  the  aounty  jail 
not  less  than  three  months  nor  more  than  one  year,  or  by  both  such  fine 
and  imprisonment :  Provided,  that  it  shall  be  lawful  for  druggists  to 
sell  or  give  such  liquor  to  any  student  upon  the  written  prescription  of 
a  regular  practicing  physician  in  good  standing,  or  upon  the  written 
order  of  the  president  of  the  university  or  college,  or  the  principal  of 
the  school  or  academy,  at  which  such  student  may  be  in  attendance,  or 
by  the  written  order  or  consent  of  the  parent  or  guardian  of  such  stu- 
dent :  Provided,  that  nothing  in  this  section  shall  be  so  construed  as  to 
apply  to  any  mercantile  or  business  college.  (R.  S.  1899.) 

SEC.  7723.  Reports  to  state  superintendent. — The  curators  of 
the  state  university,  the  trustees  of  other  state  institutions  for  the  pur- 
poses of  education,  and  others  having  authority,  and  being  required  by 
law  so  to  do,  except  the  Missouri  school  for  the  blind,  and  the  school 
for  the  deaf  and  dumb,  shall  report  to  the  state  superintendent  of  public 
schools  on  or  before  the  3ist  day  of  August  of  each  year,  concerning 
the  condition,  improvements  and  necessities  of  said  institutions,  which 
report  shall  be  published  as  a  part  of  the  state  superintendent's  annual 
report.  (R.  S.  1899.) 

SEC.  7724.  Disposition  of  reports. — Fifty  copies  of  such  report 
shall  be  reserved  for  the  use  of  each  public  institution  so  reporting, 
and  ten  copies  shall  be  bound  in  a  suitable  manner  and  preserved  in  the 
state  library.  (R.  S.  1899.) 


io3 


PROVISIONS  OF  THE  CONSTITUTION  OF  MISSOURI. 

ARTICLE  VIII— SUFFRAGE. 

SEC.  2.  Every  male  citizen  of  the  United  States,  and  every  male 
person  of  foreign  birth  who  may  have  declared  his  intention  to  become  a 
citizen  of  the  United  States  according  to  law,  not  less  than  one  year 
nor  more  than  five  years  before  he  offers  to  vote,  who  is  over  the  age 
of  twenty-one  years,  possessing  the  following  qualifications,  shall  be  en- 
titled to  vote  at  all  elections  by  the  people : 

First — He  shall  have  resided  in  the  State  one  year  immediately  pre- 
ceding the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town  where 
he  shall  offer  to  vote,  at  least  sixty  days  immediately  preceding  the 
election. 

SEC.  7.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by  reason 
of  his  absence,  while  employed  in  the  service,  either  civil  or  military, 
of  this  state  or  of  the  United  States,  nor  while  engaged  in  the  naviga- 
tion of  the  waters  of  the  state  or  of  the  United  States,  or  of  the  high 
seas,  nor  while  a  student  of  any  institution  of  learning,  nor  while  kept 
in  a  poor-house  or  other  asylum  at  public  expense,  nor  while  confined 
in  public  prison. 

SEC.  8.  No  person,  while  kept  at  any  poor-house  or  other  asylum, 
at  public  expense,  nor  while  confined  in  any  public  prison,  shall  be  en- 
titled to  vote  at  any  election  under  the  laws  of  this  state. 

SEC.  ii.  No  officer,  soldier  or  marine,  in  the  regular  army  or 
navy  of  the  United  States,  shall  be  entitled  to  vote  at  any  election  in 
this  state. 

SEC.  12.  No  person  shall  be  elected  or  appointed  to  any  office  in 
this  state,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  state  one  year-  next  preceding 
his  election  or  appointment. 

ARTICLE  X— TAXATION. 

SEC.  ii.  Taxes  for  county,  city,  town  and  school  purposes,  may 
be  levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation  of 
^property  therefor  shall  not  exceed  the  valuation  of  the  same  property 
in  such  town,  city  or  school  district  for  state  and  county  purposes. 
For  county  purposes  the  annual  rate  on  property,  in  counties  having 
six  million  dollars  or  less,  shall  not,  in  the  aggregate,  exceed  fifty  cents 
on  the  hundred  dollars  valuation ;  in  counties  having  six  million  dol- 


IO4 

lars  and  under  ten  million  dollars,  said  rate  shall  not  exceed  forty  cents 
on  the  hundred  dollars  valuation ;  in  counties  having  ten  million  dol- 
lars and  under  thirty  million  dollars,  said  rate  shall  not  exceed  fifty 
cents  on  the  hundred  dollars  valuation ;  and  in  counties  having  thirty 
million  dollars  or  more,  said  rate  shall  not  exceed  thirty-five  cents  on 
the  hundred  dollars  valuation.  For  city  and  town  purposes  the  an- 
nual rate  on  property  in  cities  and  towns  having  thirty  thousand  in- 
habitants or  more  shall  not,  in  the  aggregate,  exceed  one  hundred  cents 
on  the  hundred  dollars  valuation ;  in  cities  and  towns  having  less  than 
thirty  thousand  and  over  ten  thousand  inhabitants,  said  rate  shall  not 
exceed  sixty  cents  on  the  hundred  dollars  valuation  ;  in  cities  and  towns 
having  less  than  ten  thousand  and  more  than  one  thousand  inhabi- 
tants, said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dollars  valu- 
ation;  and  in  towns  having  one  thousand  inhabitants  or  less,  said  rate 
shall  not  exceed  twenty-five  cents  on  the  hundred  dollars  valuation. 
For  school  purposes  in  districts  composed  of  cities,  which  have  one  hun- 
dred thousand  inhabitants  or  more  the  annual  rate  on  property  shall  not 
exceed  sixty  cents  on  the  hundred  dollars  valuation,  and  in  other  districts 
forty  cents  on  the  hundred  dollars  valuation :  Provided,  the  aforesaid 
annual  rates  for  school  purposes  may  be  increased  in  districts 
formed  of  cities  and  towns,  to  an  amount  not  to  exceed  one  dollar  on 
the  hundred  dollars  valuation,  and  in  other  districts  to  any  amount  not 
to  exceed  sixty-five  cents  on  the  hundred  dollars  valuation,  on  the  condi- 
tion that  a  majority  of  the  voters  who  are  tax-payers,  voting  at  an  elec- 
tion held  to  decide  the  question,  vote  for  said  increase.  For  the  pur- 
pose of  erecting  public  buildings  in  counties,  cities  or  school  districts, 
the  rates  of  taxation  herein  limited  may  be  increased  when  the  rate  of 
such  increase  and  the  purpose  for  which  it  is  intended  shall  have  been 
submitted  to  a  vote  of  the  people,  and  two-thirds  of  the  qualified  voters 
of  such  county,  city  or  school  district  voting  at  such  election,  shall  vote 
therefor.  The  rate  herein  allowed  to  each  county  shall  be  ascertained 
by  the  amount  of  taxable  property  therein,  according  to  the  last  assess- 
ment for  state  and  county  purposes,  and  the  rate  allowed  to  each  city 
or  town  by  the  number  of  inhabitants,  according  to  the  last  census  taken 
under  the  authority  of  the  state,  or  the  United  States;  said  restrictions 
as  to  the  rates  shall  apply  to  taxes  of  every  kind  and  description,  whether 
general  or  special,  except  taxes  to  pay  valid  indebtedness  now  existing 
or  bonds  which  may  be  issued  in  renewal  of  such  indebtedness :  Pro- 
vided, that  the  city  of  St.  Louis  may  levy  for  municipal  purposes,  in 
addition  to  the  municipal  rate  of  taxation  above  provided,  a  rate  not 
exceeding  the  rate  which  would  be  allowed  for  county  purposes  if  said 
city  were  part  of  a  county. 


105 

• 

SEC.  12.  No  county,  city,  town,  township,  school  district  or  other 
political  corporation  or  subdivision  of  the  state  shall  be  allowed  to  be- 
come indebted  in  any  manner,  or  for  any  purpose,  to  an  amount  exceed- 
ing in  any  year  the  income  and  revenue  provided  for  such  year,  with- 
out the  assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  elec- 
tion to  be  held  for  that  purpose;  nor  in  cases  requiring  such  assent 
shall  any  indebtedness  be  allowed  to  be  incurred  to  an  amount,  includ- 
ing existing  indebtedness,  in  the  aggregate  exceeding  five  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
assessment  next  before  the  last  assessment  for  state  and  county  pur- 
poses, previous  to  the  incurring  of  such  indebtedness :  Provided,  that 
with  such  assent  any  county  may  be  allowed  to  become  indebted  to  a 
larger  amount  for  the  erection  of  a  court  house  or  jail;  and  provided 
further,  that  any  county,  city,  town,  township,  school  district,  or  other 
political  corporation  or  subdivision  of  the  state,  incurring  any  indebt- 
edness requiring  the  assent  of  the  voters  aforesaid,  shall  before  or 
at  the  time  of  doing  so,  provide  for  the  collection  of  an  annual  tax  suf- 
ficient to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also 
to  constitute  a  sinking  fund  for  payment  of  the  principal  thereof,  with- 
in twenty  years  from  the  time  of  contracting  the  same. 

ARTICLE  XI— EDUCATION. 

SECTION  i.  A  general  diffusion  of  knowledge  and  intelligence  be- 
ing essential  to  the  preservation  of  the  rights  and  liberties  of  the  peo- 
ple, the  general  assembly  shall  establish  and  maintain  free  public  schools 
for  the  gratuitous  instruction  of  all  persons  in  this  state  between  the 
ages  of  six  and  twenty  years. 

SEC.  2.  The  income  of  all  the  funds  provided  by  the  state  for 
the  support  of  free  public  schools  shall  be  paid  annually  to  the  several 
county  treasurers,  to  be  distributed  according  to  law ;  but  no  school  dis- 
trict in  which  a  free  public  school  has  not  been  maintained  at  least 
three  months  during  the  year  for  which  the  distribution  is  made  shall 
be  entitled  to  receive  any  portion  of  such  funds. 

SEC.  3.  Separate  free  public  schools  shall  be  established  for  the 
education  of  children  of  African  descent. 

SEC.  4.  The  supervision  of  instruction  in  the  public  schools  shall 
be  vested  in  a  "board  of  education,"  whose  powers  and  duties  shall  be 
prescribed  by  law.  The  superintendent  of  public  schools  shall  be  presi- 
dent of  the  board ;  the  governor,  secretary  of  state  and  attorney-general 
shall  be  ex  officio  members,  and,  with  the  superintendent,  compose  said 
board  of  education. 


SEC.  5.  The  general  assembly  shall,  whenever  the  public  school 
fund  will  permit,  and  the  actual  necessity  of  the  same  may  require,  aid 
and  maintain  the  state  university  now  established,  with  its  present  de- 
partments. The  government  of  the  state  university  shall  be  vested  in 
the  board  of  curators,  to  consist  of  nine  members,  to  be  appointed  by 
the  governor,  by  and  with  the  advice  and  consent  of  the  senate. 

Sec.  6.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  by  the  United  States  to  this  state,  and  not  otherwise  ap- 
propriated by  this  state  or  the  United  States;  also,  all  moneys,  stocks, 
bonds,  lands  and  other  property  now  belonging  to  any  state  fund  for 
purposes  of  education ;  also,  the  net  proceeds  of  all  sales  of  lands  and 
other  property  and  effects  that  may  accrue  to  the  state  by  escheats,  from 
unclaimed  dividends  and  distributive  shares  of  the  estates  of  deceased 
persons;  also,  any  proceeds  of  the  sales  of  the  public  lands  which  may 
have  been  or  hereafter  may  be  paid  over  to  this  state  (if  congress  will 
consent  to  such  appropriation)  ;  also,  all  other  grants,  gifts  or  devises 
that  have  been  or  hereafter  may  be  made  to  this  state,  and  not  other-- 
wise appropriated  by  the  state  or  the  terms  of  the  grant,  gift  or  devise, 
shall  be  paid  into  the  state  treasury,  and  securely  invested  and  sacredly 
preserved  as  a  public  school  fund;  the  annual  income  of  which  fund, 
together  with  so  much  of  the  ordinary  revenue  of  the  state  as  may  be 
by  law  set  apart  for  that  purpose,  shall  be  faithfully  appropriated  for 
establishing  and  maintaining  the  free  public  schools  and  the  state  uni- 
versity in  this  article  provided  for,  and  for  no  other  uses  or  purposes 
whatever. 

SEC.  7.  In  case  the  public  school  fund  now  provided  and  set  apart 
by  law  for  the  support  of  free  public  schools  shall  be  insufficient  to 
sustain  a  free  school  at  least  four  months  in  every  year  in  each  school 
district  in  this  state,  the  general  assembly  may  provide  for  such  defi- 
ciency in  accordance  with  section  eleven  of  the  article  on  revenue  and 
taxation,  but  in  no  case  shall  there  be  set  apart  less  than  twenty-five 
per  cent,  of  the  state  revenue  exclusive  of  the  interest  and  sinking  fund, 
to  be  applied  annually  to  the  support  of  the  public  schools. 

SEC.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property  be- 
longing to  a  county  school  fund;  also,  the  net  proceeds  from  the  sale 
of  estrays;  also,  the  clear  proceeds  of  all  penalties  and  forfeitures,  and 
of  all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal 
or  military  laws  of  the  state,  and  all  moneys  which  shall  be  paid  by 
persons  as  an  equivalent  for  exemption  from  military  duty,  shall  belong 
to  and  be  securely  invested  and  sacredly  preserved  in  the  several  coun- 
ties as  a  county  public  school  fund;  the  income  of  which  fund  shall  be 


TO; 

faithfully  appropriated  for  establishing  and  maintaining  free  public 
schools  in  the  several  counties  in  this  state. 

SEC.  9.  No  part  of  the  public  school  fund  of  the  state  shall  ever 
be  invested  in  the  stock  or  bonds  or  other  obligations  of  any  other 
state,  or  of  any  county,  city,  town  or  corporation ;  and  the  proceeds  of 
the  sales  of  any  lands  or  other  property  which  now  belongs  or  may 
hereafter  belong  to  said  school  fund,  shall  be  invested  in  the  bonds  of 
the  state  of  Missouri  or  of  the  United  States. 

SEC.  10.  All  county  school  funds  shall  be  loaned  only  upon  un- 
encumbered real  estate  security  of  double  the  value  of  the  loan,  with 
personal  security  in  addition  thereto. 

SEC.  II.  Neither  the  general  assembly  nor  any  county,  city,  town, 
township,  school  district  or  other  municipal  corporation  shall  ever  make 
an  appropriation,  or  pay  from  any  public  fund  whatever,  anything  in 
aid  of  any  religious  creed,  church  or  sectarian  purpose,  or  to  help  to 
support  or  sustain  any  private  or  public  school,  academy,  seminary,  col- 
lege, university  or  other  institution  of  learning,  controlled  by  any  relig- 
ious creed,  church  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by 
the  state,  or  any  county,  city,  town  or  other  municipal  corporation,  for 
any  religious  creed,  church  or  sectarian  purpose  whatever. 


COURSE  OF  STUDY 

FOR 

RURAL  AND  VILLAGE  SCHOOLS 


INTRODUCTION. 

This  course  of  study  is  published  for  use  in  the  rural  schools  of  Missouri  with  the 
hope  that  every  teacher  will  study  it  carefully  and  be  helped  thereby.  The  pur- 
poses are: 

1.  To  unify  and  harmonize  the  school  work  in  the  State  by  furnishing  a  stand- 
ard and  a  basis   by  which   more   effective  articulation   of  schools   and  better   results 
may  be  accomplished. 

2.  To  enable  school  boards  and  patrons  to  know  more  definitely  what  is  being 
done  in  their  schools  and  furnish  them  a  means  of  comparison.     This  will  lead  to  a 
better  understanding  of  the  relation  of  teacher  and  patron. 

3.  To   enable   teachers  to   know  when  they   are  doing  really  good   work.     Many 
teachers  who   honestly  believe   they  are   now  teaching  effectively   will  be   undeceived 
when  they  have  a  means  of  comparison. 

4.  To  encourage  pupils  to  complete  the  common  school  course  and  go  on  to  some 
higher  institution  of  learning  or  better,   to  lead  to  the  establishment  of  many  rural 
high  schools. 

5.  To   lead   to  proper   gradation   and  better   classification   of   the   schools   and  to 
train  pupils  to  observe  and  give  proper  expression  to  their  observations. 

6.  To  provide  a  means  by  which  records  may  be  kept  so  that  a  new  teacher  may, 
at  once,  take  up  the  work  where  the  preceding  teacher  left  off.     This  lack  of  proper 
records  is  a  waste  of  time  and  money  that  school  boards  should  stop  at  once. 

7.  To   help   the   schools   to   accomplish   much   more.     It   is   believed   that   all   the 
formal  subjects  may  be  taught  to  better  advantage  through  a  proper  correlation  of 
Nature  Study  and  Literature,  and  in  addition  thereto  the  children  in  eight  years,  of  six 
or  eight  months  to  the  year,   may  become  familiar  with  all  the  elementary  sciences 
and  gain  a  pretty  thorough  acquaintance  with  our  best  literature;  and  above  all  else, 
they  will  be  trained  to  observe  and  to  appreciate  good  literature. 

With  these  purposes  in  view,  every  teacher  who  uses  this  course  is  requested  to 
make  an  honest,  faithful  effort  to  follow  its  suggestions.  It  should  not,  perhaps,  bo 
slavishly  followed;  it  should  rather  be  adapted.  In  its  preparation,  the  aim  has  been 
to  strike  the  golden  mean.  It  will  not  measure  up  to  the  high  conceptions  of  the 
most  progressive  teachers;  still,  many  will  consider  it  too  advanced. 

Friendly  criticism  is  invited  to  the  end  that  at  each  revision  the  course  may  be 
improved.  Most  respectfully, 

W.   T.   CARRINGTON, 
State  Superintendent  of  Public  Schools. 


ALTERNATION  OF  WORK. 

In  rural  schools  it  is  necessary  to  combine  classes  in  order  to  minimize  the  num- 
ber of  periods  of  recitation.  Alternation  is  the  systematic  and  regular  union  of  two 
grades  of  pupils,  both  grades  doing  the  work  of  one  year  in  one  class,  while  the  other 
year's  work  is  omitted.  The  next  year  the  work  omitted  is  taken  up  and  the  first 
year's  work  dropped.  In  this  way  each  pupil  does  all  the  work  of  the  course,  but  not 
al?.  in  the  same  order,  and  the  number  of  classes  is  diminished. 

In  the  first  and  second  years  there  can  not  be  much  alternation.  Classes  in 
writing,  drawing,  and  nature  studies  should  be  combined. 

In  the  third  and  fourth  years  all  of  the  work  may  be  alternated,  with  the  pos- 
sible exception  of  arithmetic.  But  all  pupils  who  have  mastered  addition,  subtraction, 
multiplication  and  division  of  integral  numbers,  simple  and  compound,  fractions,  com- 
mon'and  decimal,  may  belong  to  the  same  class  in  arithmetic.  It  is  not  necessary  that 
every  pupil  who  begins  to  read  in  the  third  reader  should  begin  with  the  first  lesson 
in  the  reader.  There  should  be  only  one  third  reader  class  which  will  be  composed  of 
pupils  who  have  already  spent  a  year  reading  in  that  book,  and  of  pupils  who  are 
just  beginning  it.  Every  pupil  should  spend  practically  two  years  in  the  third  reader, 
using  as  much  supplementary  reading  as  possible  during  the  time.  The  language 
lessons  are  so  arranged  that  pupils  may  take  up  the  work  of  the  fourth  year  before 
that  of  the  third.  This  year  all  pupils  in  the  "C"  class  should  study  the  language 
work  of  the  third  year;  next  year  all  pupils  of  the  "C"  class  should  study  the  lan- 
guage work  of  the  fourth  year.  The  writing  and  drawing  of  the  "D"  and  "C"  classes 
may  be  combined. 

In  the  fifth  and  sixth  years  all  subjects  may  be  alternated.  In  some  localities  it 
may  be  found  difficult  to  combine  classes  in  arithmetic;  but  there  should  certainly 
not  be  more  than  three  arithmetic  classes  for  third,  fourth,  fifth  and  sixth  year  pupils. 
If  possible  the  number  should  be  reduced  to  two. 

In  the  seventh  and  eighth  years  there  will  be  no  trouble  whatever  in  making 
alternations  all  along  the  line.  To  illustrate,  there  is  given  below  parallel  courses 
of  study  for  the  seventh  and  eighth  years,  each  year  being  so  arranged  as  to  bo 
entirely  independent  of  the  other.  The  "A"  class  should  study  the  seventh  year  work 
in  1903,  and  the  eighth  year  work  in  1904. 

SEVENTH    YEAR.  EIGHTH    YEAR. 

"Literature  and  reading.  Literature  and  reading. 

Grammar  (etymology).  Grammar  (syntax  and  analysis). 

Arithmetic  (percentage).  Arithmetic   (mensuration). 

U.  S.  History.  Civil  Gov.  and  History  of  Missouri. 

Physiology.  Practical  Agriculture. 

Rural  schools  may  provide  for  a  two  years'  high  school  course  on  this  principle 
of  alternation,  by  alternating  the  study  of  English  and  American  classics  with  rhet- 
oric; physical  geography  with  zoology;  ancient  history  with  English  history;  and 
elementary  algebra  with  concrete  geometry. 

DIVISION   INTO   QUARTERS. 

Each  year's  work  is  divided  into  quarters  instead  of  months.  A  six  months' 
school  will  have  six  weeks  to  the  quarter;  an  eight  months'  school,  eight  weeks  to  the 
quarter;  and  a  five  months'  school,  five  weeks  to  the  quarter.  The  work  is  outlined 
on  the  theory  that  in  a  six  months'  school  the  work  may  be  done  well;  in  an  eight 
months'  school  it  may  be  done  thoroughly;  in  a  five  months'  school,  with  a  small  at- 
tendance, the  work  may  be  accomplished  fairly  well.  School  boards  providing  only 
four  months'  school  in  the  year  should  not  expect  the  teacher  to  finish  the  entire  work 
of  the  year. 


no 

In  many  Instances  the  work  may  be  alternated  by  quarters,  as  well  as  by  years. 
Schools  with  short  terms  should  devote  ten  or  twelve  years  to  the  completion  of  the 
course  mapped  out  for  eight  years.  I  should  not  recommend  that  any  school  devote 
less  than  six  weeks  to  the  quarter.  Four  and  five  months'  schools  should  undertake 
to  do  only  one-half  or  three-quarters  of  the  work  during  the  year. 

EXAMINATIONS    AND    WRITTEN    REVIEWS. 

Language  has  two  forms,  oral  and  written.  The  written  form  is  frequently  neg- 
lected, especially  in  rural  schools.  Teachers  should  have  frequent  written  reviews 
and  quarterly  examinations. 

Quarterly  Examinations.— In  view  of  the  fact  that  schools  are  of  unequal  length 
and  that  examinations  should  not  be  too  frequent,  it  is  recommended  that  every  school 
have  written  examinations  on  the  last  Friday  in  October,  December  and  February  of 
each  year.  The  Sate  Superintendent  will  prepare  questions  for  examinations  on  *these 
dates  and  furnish  them  to  county  commissioners  and  superintendents  to  be  distrib- 
uted by  them  to  the  teachers.  In  such  counties  where  the  commissioner  does  not,  or 
can  not,  take  hold  of  this  work,  these  questions  will  be  mailed  direct  to  teachers  upon 
request. 

Township  Examinations.— It  is  hoped  that  there  is  in  every  township  (municipal  or 
congressional)  an  organization  of  teachers.  At  some  central  point  in  each  township 
there  should  be  held  an  annual  examination  of  all  seventh  and  eighth  grade  pupils 
in  the  schools  of  the  township.  This  examination  should  be  held  by  a  member  of 
county  board  of  education  or  by  a  committee  selected  by  the  teachers  of  the  town- 
ship. This  examination  should  be  held  on  some  Saturday  in  March.  The  State  Super- 
intendent will  prepare  questions  for  this  examination  also,  and  furnish  them  to  per- 
sons authorized  to  conduct  examinations.  Papers  should  be  graded,  results  tabulated 
and  sent  to  county  commissioner.  All  pupils  who  have  finished  the  entire  common 
school  course  and  pass  a  township  examination  satisfactorily,  should  be  given  certifi- 
cates entitling  them  to  enter  the  county  examinations.  This  should  be  made  an  occa- 
sion for  comparison  of  work.  In  this  way  teachers  and  directors  may  become  better 
acquainted  and  every  teacher's  ability,  to  get  good  work  done,  may  be  tested. 

County  Examinations.— A  final  county  examination  should  be  held  by  the  county 
board  in  April  or  May  at  the  county  seat,  or  at  some  other  designated  place,  for  all 
pupils  recommended  for  graduation  by  the  township  committees.  The  questions  for 
these  examinations  will  be  furnished  by  the  State  Superintendent.  It  is  not  necessary 
that  all  schools  should  close  at  same  time.  Pupils  may  be  admitted  to  either  town- 
ship or  county  examinations  from  schools  that  have  closed  some  weeks  earlier  or 
will  close  some  weeks  later. 

The  State  Superintendent  will  prepare  a  neat  "Certificate  of  Graduation"  from 
the  common  school  course,  signed  by  himself,  the  county  commissioner  or  other  ex- 
aminer, and  the  teacher  certifying  that  the  holder  has  completed  such  course  and  is 
entitled  to  enter  any  high  school  or  academy  in  the  State.  This  means  complete 
articulation  of  schools,  from  lowest  to  highest.  County  commissioners,  teachers  and 
school  boards  are  earnestly  urged  to  take  hold  of  this  feature  of  the  work. 

DIRECTION  FOR  EXAMINATIONS. 

1.  Teachers  should  see  that  everything  is  in  readiness  for  the  examination  before 
the  day  arrives.    Good  paper,  pens  and  ink  should  be  furnished  by  the  school  board. 
In  the  township  examinations  the  school  at  which  the  examination  is  held  should  fur- 
nish ink,  while  each  pupil  provides  his  own  paper,  pens,  pencils,  etc. 

2.  The  examination  should  begin  promptly  in  the  morning  of  the  day  appointed. 
The  questions  may  be  placed  on  the  board,  or  dictated  as  most  convenient. 

3.  The  pupils  should  write  on  both  sides  of  the  paper  when  necessary  to  com- 
plete a  subject. 


Ill 

4.  The  answers  should  be  numbered  in  Roman  characters  to  correspond  with  the 
questions.    Place  numbers  in  the  center  of  the  page  above  the  paragraphs. 

5.  Everyone  should  endeavor  to  do  neat  work,  to  use  capitals  and  periods  prop- 
erly, and  to  spell  correctly.     Good  language  is  evidence  of  scholarship. 

6.  These  examinations,   to  be  fair  tests  of  the  progress  of  the  pupils  and  to  be 
valuable   to   teachers   and   parents,   must  be   fairly  and  honestly   conducted.     No   aid 
whatever  should  be  given.    No  questions  should  be  answered  and  no  suggestions  made 
that  will  in   any  way  hint  at  information  required  in  the  examination.     Do  not  let 
your  kindheartedness,   nor  your  desire  for  high  marks  for  your  pupils,   betray  you 
into  wronging  them,  or  their  parents,  by  telling  them  they  know  that  which  they  do 
not  know,  and  raising  them  above  the  plane  to  which  they  really  belong.       Consider  the 
moral  effects  of  such  a  course  on  yourself  and  on  your  pupils.    Do  not  deceive  "by  false 
grades. 

7.  The  teacher,  without  marring  the  paper,  will  place  above  each  answer,  near 
the  Roman  character,  its  grade  (on  a  scale  of  100  for  the  entire  paper),  and  at  the 
beginning  of  each  paper  write  the  sum  of  these  grades.    Mark  closely,  considering  not 
how  much  information  has  been  given  in  the  answer,  but  whether  it  is  the  exact  in- 
formation called  for.     After  grading,   return  the  monthly  examination  papers  to  the 
pupils  in   class,    and   require  them  to  note   their   own   mistakes.     Permit   no   change. 
After  inspection,    papers   should   be   collected   and   a   permanent  record   made   of   the 
grades  of  each  pupil. 

8.  Some  of  the  best  papers  in  the  quarterly  examinations  should  be  taken  to  the 
township  meeting  as  a  means  of  comparison  and  displayed  for  the  benefit  of  other 
teachers,  patrons  and  pupils. 

Some  of  the  best  papers  in  the  township  examinations  should  be  taken  to  the 
county  examinations  and  kept  on  file  in  county  commissioner's  offce  for  the  inspection 
of  the  public.  Some  of  the  best  papers  of  the  copnty  examinations  should  be  for- 
warded to  the  State  Superintendent.  He  will  have  them  bound  in  volumes  of  conveni- 
ent size  and  kept  as  a  part  of  the  permanent  records  of  the  office. 

RECORDS. 

School  boards  should  furnish  books  in  which  satisfactory  records  may  be  kept 
and  see  that  the  teacher  leaves  a  permanent  record  of  the  exact  amount  of  work  done 
by  each  pupil.  This  will  save  so  much  time  for  the  next  teacher  and  show  that  pupils 
who  do  not  attend  regularly  and  for  full  term,  can  not  be  promoted.  Uniform  records 
will  very  greatly  assist  in  the  progress  of  the  rural  schools.  The  reverse  side  of  the 
term  reports  is  arranged  for  an  individual  report  of  the  pupils,  to  be  left  with  dis- 
trict clerk  and  filed  in  duplicate  with  the  county  commissioner. 

SCHOOL  LIBRARY  AND   SUPPLEMENTARY  READING. 

A  small  school  library  is  necessary  in  order  that  the  work  suggested  in  reading, 
language,  history,  literature  and  nature  study  may  be  properly  done.  Books  are 
suggested  along  in  different  parts  of  the  course,  and  in  the  list  appended  to  this, 
course  selected  from  the  official  library  list. 

School  boards  must  expend  a  few  dollars  every  year  for  good  books  and  supple- 
mentary reading  matter;  the  law  demands  it.  Annual  meetings  may  vote  for  levy 
for  library,  but  the  directors  must  purchase  necessary  supplementary  books  out  of 
the  Incidental  fund,  spending  not  less  than  five  cents  per  child  enumerated  in  the 
district.  (Session  Acts  1901.) 

OUTLINED   COURSE   OF   STUDY. 
CLASS  D.    (First  and  Second  Years.) 

a.  Reading,  Spelling,  Language. 

b.  Numbers. 

c.  Writing  and  Drawing. 

d.  Nature  Study  and  Literature. 


112 


CLASS  C.     (Third  and  Fourth  Years  i 

a.  Reading  and  Spelling. 

b.  Language  (DeGarmo). 

c.  Arithmetic    (Fourth   year   Milne's    Elementary). 

d.  Nature  Study  and  Literature. 

CLASS  B.     (Fifth  and  Sixth  Years.) 

a.  Reading  (Fourth  Reader). 

b.  Spelling. 

c.  Language  (DeGarmo). 

d.  Arithmetic  (Milne's  Standard). 

e.  Nature  Study  and  Literature. 

CLASS  A.     (Seventh  and  Eighth  Years.) 

a.  Literature  (Fifth  Reader  and  American  Classics). 

b.  Grammar  (Patrick's  Lessons). 

c.  Arithmetic  (Milne's  Standard). 

d.  U.  S.  History  and  Civil  Government. 

e.  Physiology  and  Practical  Agriculture. 

EXPLANATION— The  subdivisions  in  each  class,  numbered  a,  b,  c,  d,  etc.,  arc  the 
separate  recitations  each  class  should  have.  Spelling  and  Language  should  be  com- 
bined with  reading  in  Class  "D"  and  there  will  be  necessarily  two  divisions.,  one  In  the 
first  reader  and  one  in  the  second.  In  this  work  each  subdivision  should  recite  at 
least  four  times  each  day,  from  ten  to  fifteen  minutes  each  time. 

In  Class  "C"  Reading  and  Spelling  are  combined  and  there  will  necessarily  be  in 
this  class  some  pupils  who  have  gone  over  part  of  the  work  before.  Third  and  fourth 
year  pupils  must  be  kept  together  in  this  work  to  prevent  multiplication  of  classes. 
Class  "C"  should  recite  Reading  and  Spelling  at  least  twice  each  day,  for  fifteen  min- 
utes each  time.  The  writing  and  Drawing  work  of  this  class  may  be  combined  with 
the  same  work  of  Class  "D"  arid  not  more  than  fifteen  minutes  each  day  devoted  to 
them.  There  should  be  regular  classes  for  nature  work  and  literature  for  all  three 
of  the  Classes  D,  C,  and  B. 

The  classes  in  History  and  Civil  Government  for  Class  "A"  should  alternate. 
One  of  these  subjects  one  year  and  the  other  the  next. 

DAILY   PROGRAMME   OF   RECITATIONS. 

8:50  a.  m Opening  Exercise    10  minutes 

9 :00  a.  m Reading   (Beginners)    10  minutes 

9 :10  a.  m Second  Reader  (Spelling  and  Language)   10  minutes 

9:20  a.  m "A"    Arithmetic     20  minutes 

9:40  a.  m "B"    Arithmetic     15  minutes 

9:55  a.  m "C"    Arithmetic     15  minutes 

10:10  a.  m Primary    Numbers    15  minutes 

RECESS. 

10:35  a.  m Physiology    or    Practical    Agriculture    15  minutes 

10:50  a.  m Fourth   Reader   15  minutes 

11:05  a.  m Third  Reader  (Spelling)   15  minutes 

11:20  a.  m "D"   Nature   and  Literature   lessons    20  minutes 

11:40  a.  m . "A"    Fifth   Reader  and   Literature    20  miuntes 


NOON. 

1:00  p.  m Singing   (Entire   School)    '.. ...  5  minutes 

1:05  p.  m Reading   (Beginners)    10  minutes 

1:15  p.  m Second  Reader  (Spelling  and  Language)   10  minutes 

1:25  p.  m "C"    Language    15  minutes 

1:40  p.  m "B"    Language    15  minutes 

1:55  p.  m "A"    Grammar    ...20  minutes 

2:15  p.  m Writing    and    Drawing    (Entire    School) 20  minutes 

RECESS. 

2:45  p.  m "B"    Spelling    10  minutes 

2:55  p.  m Reading    (Beginners) 10  minutes 

3:05  p.  m Second   Reader    (Spelling   and   Language)    10  minutes 

3:15  p.  m "C"    Nature   and   Literature   lessons    15  minutes 

3:30  p.  m "B"    Nature   and   Literature   lessons    15  minutes 

3:45  p.  m • U.    S.    History   or   Civil   Government    15  minutes 

READING. 

Reading  is  the  most  important  of  the  school  branches.  Reading  is  getting  thought 
from  the  printed  page  readily,  fully  and  accurately.  The  teacher  is  responsible  for 
both  how  the  pupil  reads  and  what  he  reads.  These  are  dependent  upon  the  pupil's 
interest  in  the  reading  lesson;  therefore,  the  attention  of  each  pupil  must  be  gained 
and  held  throughout  every  exercise. 

When  the  child  enters  school  he  has  quite  a  vocabulary  of  spoken  words  only. 
The  teacher  should  learn  much  of  this  vocabulary  during  the  first  few  days,  and  present 
in  the  first  lessons  only  such  words  as  are  familiar  in  idea.  The  teacher  should  grad- 
ually lead  to  the  discovery  that  ideas  are  also  represented  by  written  or  printed  sym- 
bols. This  is  accomplished  through  repeated  association  of  the  printed  form  with  the 
spoken  word.  Use  blackboard  freely.  Don't  take  up  the  book  too  soon.  The  longer 
pupils  are  kept  reading  from  the  blackboard  and  chart  the  better  they  will  read  when 
put  into  the  book,  if  the  teaching  has  been  toward  the  book. 

READING  AND  SPELLING. 

First  Year.  Chart  and  First  Reader. 

First  Quarter.— Using  chart  or  blackboard  teach  fifty  words  by  phonic-Word 
method.  Order: 

1.  Using  objects  impress  the  idea. 

2.  Drill  on  oral  expression  of  idea. 

3.  Write  the  word. 

Second  Quarter.— Continue  use  of  chart  or  blackboard.  Review  words  learned  and 
add  thirty  new  words.  Read  to  Lesson  XXV,  page  30,  Primer. 

Third  Quarter.— Head  to  Lesson  XXV,  page  66,  First  Reader.  For  supplementary 
reading  write  sentences  on  the  blackboard,  using  words  already  learned. 

Fourth  Quarter.— Complete  Primer  and  First  Reader. 

Ready  recognition  of  words  and  correct  expression  are  the  essential  elements  in 
reading;  both  result  from  experience.  Great  care  and  patience  should  be  exercised  in 
drilling  pupils  frequently  on  the  recognition  and  pronunciation  of  words.  Keep  a  list 
of  all  words  introduced  and  write  short,  expressive  sentences,  unlike  those  found  in 
the  reader,  containing  these  words,  and  use  such  sentences  for  exercise  in  signl 
reading. 

When  the  use  of  the  book  is  begun,  be  sure  to  drill  thoroughly  on  each  new  word 
before  allowing  the  pupil  to  attempt  to  read.  Insist  upon  proper  positions,  deep 
breathing  and  distinct  enunciation. 

S  L— 8, 


U4 

Teach  the  long  and  short  sounds  of  the  vowels,  also  sounds  of  the  consonants, 
with  their  proper  diacritical  marks.  If  possible,  procure  a  copy  of  the  Hiawath^ 
Primer  and  use  it  for  sight  reading  exercises  during  third  and  fourth  quarters. 

Before  the  pupil  can  read  well  he  must  know  the  words  at  sight  and  pronounce 
them  without  hesitation;  he  must  know  the  meaning  of  the  words  both  individually 
and  in  the  context.  The  teacher  must  drill  pupils  in  rapid  accurate  recognition  of 
words  and  phrases,  in  oral  enunciation  of  words  and  phrases,  and  especially  on  the 
unfamiliar  words  of  the  coming  reading  lesson.  Real  power  to  read  is  acquired  by  the 
pupil  through  exercises  in  sight  and  silent  reading  so  easy  that  the  pupil  can  compre- 
hend without  the  aid  of  the  teacher.  These  exercises  should  be  frequent,  varied  and 
informal.  For  this  purpose  select  supplementary  reading  and  literature  of  a  grade 
lower  than  the  text  in  use.  Pupils,  even  those  who  are  not  studious,  will  pore  silently. 
of  their  own  accord,  over  stories  of  heroism,  travel  and  adventure,  descriptions  and 
narrations  that  come  within  the  sphere  of  their  own  experiences,  and  they  will  take 
pleasure  in  reading  aloud  to  their  companions  stories  that  they  have  found  so  inter- 
esting. Under  such  conditions  pupils  will  read  with  expression  because  they  have 
ideas  to  express. 

Second  Year.  Second  Reader. 

First  Quarter.— To  Lesson  XV,  page  42. 

Second  Quarter.— To  Lesson  XXXII,  page  77. 

Third  Quarter.— To  Lesson  LIV,  page  136. 

Fourth  Quarter.— Complete  the  book  and  review. 

Much  attention  should  be  given  to  articulation  during  this  year.  Give  frequent 
drills  in  articulation  and  pronunciation,  using  the  tables  in  the  first  part  of  the  book, 
and  the  lists  for  pronunciation  and  spelling  throughout  the  book.  Make  other  lists, 
marking  the  words  diacritically. 

For  spelling,  alternate  oral  and  written  exercises,  using  the  lists  given  at  th*e 
beginning  of  the  lesson  and  other  words  selected  from  the  body  of  the  lesson.  Teach 
phonic  spelling  in  connection  with  each  lesson  in  reading. 

During  this  year  have  pupils  master  the  diacritical  markings  of  all  the  vowels. 
For  exercises  in  sight  reading  use  Cyr's  Second  Reader;  one  copy  of  this  book  is  suffi- 
cient for  the  purpose. 

Third  Year.  Third  Reader. 

First  Quarter.— To  Lesson  IX,  page  37. 
Second  Quarter.— To  Lesson  XVI,  page  58. 
Third  Quarter.-To  Lesson  XXIV,  page  82. 
Fourth  Quarter.— To  Lesson  XXXII,  page  106. 

Fourth  Year.  Third  Reader   (Con.). 

First  Quarter.— To  Lesson  XLII,  pags  138. 

Second  Quarter.— To  Lesson  LIII,  page  173. 

Third  Quarter.— To  Lesson  LXI,  page  204. 

Fourth  Quarter.— Complete  the  book  and  review. 

Give  much  attention  to  word  mastery.  Give  frequent  drills  in  pronunciation  of 
the  more  difficult  words.  Teach  pupils  to  use  the  dictionary  in  determining  the  pro- 
nunciation and  meaning  of  words.  Make  frequent  use  of  charts  found  on  pages  11  and 
12,,  also  of  exercises  in  articulation  .emphasis,  inflection  and  phrasing,  pages  12-15. 

For  spelling  use  lists  at  the  beginning  of  the  lesson,  also  words  selected  from  thb 
body  of  the  reading  lessons  and  other  lessons. 

Make  the  pronunciation  and, meaning  of  every  word  plain,  by  diacritical  marking 
and  by  use  in  sentences. 


"5 

A  complete  key  to  pronunciation  should  be  learned  during  this  period.  For  sup- 
plementary reading  and  exercises  in  sight  reading,  use  "Heart  of  Oak,"  Book  III. 
(See  List  of  Library  Books.) 

Fifth  Year*.  Fourth  Reader. 

First  Quarter.— To  Lesson  XIII,  page  82. 

Second  Quarter.— To  Lesson  XXVI,  page  126. 

Third  Quarter.— To  Lesson  XXXVI,  page  158. 

Fourth  Quarter.— To  Lesson  XL VII,  page  190. 

Increasing  attention  should  be  given  to  cultivating  a  taste  for  the  best  style  in 
literature,  both  as  to  thought  and  manner  of  expressing  it.  In  the  preceding  grades 
this  has  been  done  unconsciously  by  the  character  of  the  reading  lessons.  Now  the 
teacher  should  make  a  more  direct  effort.  This  can  be  done  by  making  the  reading 
lesson  the  basis  for  the  exercise,  given  under  language  lessons,  in  the  study  of  "Fig- 
urative Language,"  "Paraphrasing"  and  "Synonyms."  Do  not,  in  the  interest  of 
this  work,  neglect  the  art  of  reading.  Insist  upon  distinct  enunciation,  correct  pro- 
nunciation and  proper  expression  by  tone,  inflection,  emphasis  and  pauses. 

Sixth  Tear.  Fourth  Reader  (Con.). 

First  Quarter.— To  Lesson  LX,  page  227. 

Second  Quarter.— To  Lesson  LXXIII,  page  265. 

Third  Quarter.— To  Lesson  LXXXIII,  page  299. 

Fourth  Quarter.— Complete  the  book. 

Study  carefully  "General  Directions"  on  page  38  and  make  good  use  of  them. 
Pages  11  to  37,  inclusive,  are  very  important;  do  not  fail  to  use  them  to  the  best  pos- 
sible advantage.  The  exercises  for  drill  in  articulation,  grouping,  inflections,  force  and 
emphasis  are  especially  important.  Emphasize  thought-getting  before  expression. 

Spell  and  define  lists  of  words  found  in  the  book  and  make  other  lists  from  vari- 
ous lessons. 

Encourage  pupils  to  use  the  dictionary.  Give  many  exercises  in  sentence  making 
for  the  purpose  of  impressing  the  meaning  of  words.  Begin  word  building  and  word 
analysis,  using  tables  of  prefixes  and  suffixes  found  on  pages  331  and  336,  inclusive. 

Give  much  time  to  telling  and  writing  the  lesson  story. 

Have  different  pupils  read  an  entire  lesson,  having  made  special  preparation. 
Make  this  the  reading  lesson  frequently.  Review  constantly.  If  possible  procure  a 
few  copies  of  "Heart  of  Oak,"  Book  IV,  and  use  them  for  supplementary  reading. 

LITERATURE  AND   READING. 
Seventh  Year.  Classics  and  Fifth  Reader. 

First  Quarter.—  Have  pupils  buy  and  study  carefully  Hawthorne's  "Three  Golden 
Apples"  (5  cent  edition  List  of  Library  Books),  and  select  lessons  2,  4,  9,  13,  19,  20,  31. 
35,  36,  42,  43,  47,  50,  57,  60,  from  the  fifth  reader.  Do  not  try  to  take  the  lessons  as  they 
are  arranged  in  the  book.  These  fifteen  lessons  have  their  setting  in  nature.  Study 
them  as  literature,  the  lesson  taught,  the  beauties  of  expression,  figures  of  speech, 
and  lives  and  writings  of  the  author  of  each. 

Second  Quarter.— Have  pupils  own  and  study  "Audubon"  (5  cent  edition),  and  select 
lessons  11,  17,  18,  30,  39,  40,  51,  53,  56,  61,  107,  113  and  116  from  fifth  reader.  These  lessons 
are  concerning  patriotism.  Continue  to  study  as  literature  as  in  the  first  quarter.  At 
times  have  the  entire  school  listen  to  the  reading  or  reciting  of  some  of  these  best 
pieces.  Close  quarter  with  an  essay  from  each  pupil  on  patriotism. 

Third  Quarter.— Study  carefully  the  classics  "Thanatopsis  and  other  poems"  (5 
cent  edition),  and  these  lessons  from  fifth  reader:  6,  24,  25,  26,  29,  32,  48,  78,  91,  93.,  Ill, 
129  and  130.  Make  these  lessons  teach  a  deep  respect  for  the  men  who  have  made  our 
nation  great.  Study  carefully  Franklin's  style. 


Fourth  Quarter. -Study  "The  King  of  the  Golden  River"  (5  cent  edition),  and  lessons 
3,  8,  15,  23,  27,  28,  41,  58,  70,  74,  87,  96,  104  and  110,  in  the  fifth  reader.  These  lessons  should 
touch  the  children  in  such  a  way  as  to  cultivate  "good  morals  and  gentle  manners." 
Careful  attention  should  be  given  to  Prof.  Bailey's  "Essentials  of  Reading,"  found 
on  pages  13-46  of  fifth  reader. 

Eighth  Year.  Literature  and  Fifth  Reader. 

First  Quarter.— Get  five  cent  copies  of  "Evangeline"  and  study  it  thoroughly.  The 
more  the  pupils  commit  of  it  the  better.  Give  special  credit  to  pupils  who  will  commit 
it  and  study  following  fifth  reader  lessons:  34,  62,  64,  68,  69,  72,  76,  77,  79,  84,  88,  89,  92, 
102,  118,  119,  120  and  126.  These  are  most  excellent  lessons  with  which  to  teach  and  im- 
press children  with  a  love  for  nature  and  to  cultivate  a  taste  for  good  literature— the 
two  best  tests  of  good  teaching. 

Second  Quarter.— Irving's  "Sketch  Book"  should  be  thoroughly  studied  for  the  nar- 
rative, for  the  plain  but  beautiful  style,  and  for  the  words.  After  this  select  all  les- 
sons from  the  fifth  reader  written  by  Irving,  Addison,  Bunyan,  Carlyle,  Lamb, 
Macaulay  and  Ruskin,  and  study  the  lives  and  writings  of  all  these  men.  Have  dif- 
ferent pupils  read  something  from  one  of  them  and  report  it  to  the  class. 

Third  Quarter.— Get  Whittier's  "Snow  Bound  and  Other  Poems"  (Houghton, 
Mifflin  &  Co.  15c.).  Select  poetry  from  the  fifth  reader  and  spend  this  quarter  making 
a  special  study  of  poetry  and  poetic  style.  (See  fifth  reader,  pages  53-60.) 

Fourth  Quarter.— Get  Shakespeare's  "Merchant  of  Venice"  in  cheap  form  and  make 
a  special  study  of  the  Shakesperian  Drama.  Read  selections  in  the  fifth  reader  from 
this  author  and  such  other  selections  as  you  may  find  time  for.  Give  special  atten-. 
tion  to  pages  47-52  and  431-432  of  the  fifth  reader. 

Divide  the  selection  into  its  parts  or  scenes.  Describe  and  explain  each  part  in 
full.  Show  how  the  parts  harmonize  and  are  related.  Note  the  effect  upon  the  main 
idea  of  omitting  any  part. 

By  the  comparison  of  selections  from  authors  in  the  same  class,  note  the  pecul- 
iarities of  style  that  distinguish  each,  explain  why  one  is  more  -pleasing  than  another. 

Study  the  allusions,  suggestions,  derivation  of  words,  and  historical  references 
that  make  clearer  the  thought  in  the  selection  but  do  not  weary  the  class  with  this. 
The  main  thing  to  be  aimed  at  should  be  to  lead  the  class  to  understand  clearly  and-- 
fully  the  meaning  of  the  author  and  to  appreciate  the  beauty,  the  nobleness,  the  just- 
ness or  the  sublimity  of  his  thoughts  and  language. 

Literary  criticism  can  not  give  this  appreciation;  it  must  be  the  result  of  all 
the  teacher's  work  in  all  the  branches  in  all  the  grades  in  developing  beauty,  noble-, 
ness,  and  sublimity  in  the  life  and  character  of  the  pupil. 

SPELLING. 

Many  intelligent  observers  criticise  the  schools  more  on  account  of  spelling; 
than  any  other  work.  The  older  methods  put  much  stress  on  oral  spelling  from  a 
text-book  and  dwelt  on  careful  pronunciation  and  syllabication.  All  of  this  was  ex- 
tremely meritorious  work.  It  was  too  mechanical,  however.  Sound  was  too  fre- 
quently taken  for  sense.  The  other  extreme  has  been  practiced  in  modern  methods. 
Too  much  careless  written  spelling  has  been  done— careless  because  done  hurriedly 
and  in  a  way  to  make  poor  penmen.  Form,  sometimes  wrong,  has  been  deeply  im- 
pressed on  children  to  the  exclusion  of  correct  pronunciation  and  syllabication  which 
come  through  thorough  and  careful  drill  in  oral  spelling.  While  the  outline  provides 
for  use  of  text-book  in  the  fifth  and  sixth  years  only,  it  is  recommended  that  pupils 
be  put  into  the  "oral  spelling  class"  as  early  as  possible  and  kept  there  until  they 
spell  well— even  if  that  is  through  the  eighth  year.  In  the  third  and  fourth  years 


M7 

especially  take  special  pains  to  drill  pupils  in  "sounding"   words,  in  syllable  making 
and  recognition  of  prefixes  and  suffixes  and  thus  in  word-making. 

Fifth  Year.  Sever's  Progressive  Speller. 

First   Quarter.— Lessons   101   to   135,    inclusive. 

Second  Quarter.— Lessons  136  to  170,  inclusive. 

Third  Quarter.— Lessons  171  to  205,   inclusive. 

Fourth  Quarter. — Lessons  20G  to  240,   inclusive. 
Sixth   Year.  Sever's   Progressive   Speller. 

First  Quarter. — Lessons  241  to  271,  inclusive. 

Second  Quarter.— Lessons  272  to  301,  inclusive. 

Third  Quarter.— Lessons  302  to  331,   inclusive. 

Fourth  Quarter.— Lessons  332  to  361,  inclusive. 

Review  frequently.  In  order  to  spell  well  it  is  necessary  for  the  pupil  to  ob- 
serve accurately  and  remember  perfectly. 

Alternate  oral  and  written  exercises.  Test  frequently  in  articulation  and  dia- 
critical marking.  Drill  the  pupils  in  dividing  words  into  syllables  and  marking  the 
accent. 

Study  and  illustrate  definitions  of  prefix,  suffix,  primitive,  derivative  and  com- 
pound words.  Give  exercises  in  word  building  and  word  analysis. 

In  the  recitation  require  pupils  to  give  definition  of  the  word  spelled  or  to  illus- 
trate its  meaning  by  use  in  a  sentence. 

Make   tables   of  synonyms   and   homonyms   and   distinguish   their   meanings. 

Require  all  poor  spellers  of  higher  grades  to  study  and  recite  with  this  class. 

Intelligent  drill  is  the  key  note.  Mark  all  misspelled  words  in  your  pupils'  writ- 
ten work.  Keep  a  list  of  these  words  and  use  them  in  an  occasional  spelling  exer- 
cise. At  the  end  of  the  year  the  teacher  should  have  a  list  of  all  the  words  mis- 
spelled during  the  year,  having  given  the  pupils  a  drill  on  them  at  least  once  a  month. 

LANGUAGE. 

The  teacher  should  have  at  least-  two  good  primary  language  books  and  the 
lessons  should  be  adapted  to  the  class.  Language  must  be  connected  with  thought- 
getting.  Do  not  permit  the  work  to  become  mechanical,  but  let  expression  be  free 
and  easy. 

The  reading,  literature  and  nature  studies  will  furnish  all  material  necessary 
for  first  and  second  years.  Require  much  copying  and  writing  from  dictation.  Have 
oral  expression  of  thought  in  connected  form.  Have  pupils  draw  pictures  of  objects 
talked  about. 

In  all  written  work  emphasize  neatness  in  writing  and  correct  spelling,  punctu- 
ation, capitalization  and  paragraphing.  Study  these  things  in  connection  with  read- 
ing. Make  every  lesson  a  language  lesson. 

Third  Year.  De  Garmo.    Bk.   I.    Part  1. 

First  Quarter.— Lessons  1-20.  This  chapter  will  be  most  interesting  if  teacher  will 
study  carefully  what  the  author  says  to  the  teacher  in  the  preface  and  in  the  notes 
"to  the  teacher,"  on  nearly  every  page. 

Second  Quarter.— Lessons  21-52.  So  far  the  main  object  has  been  to  teach  things  to 
pupils  and  to  guide  them  in  proper  recognition  of  forms  in  giving  expression.  Con- 
nect this  with  nature  studies. 

Third  Quarter.— Lessons  53-75.  These  lessons  teach  letter  writing  and  a  study  in 
classification.  Read  the  entire  story  of  Robinson  Crusoe  to  the  children  and  work 
out  most  interesting  and  fascinating  composition  exercises  from  it  under  direction 
of  book. 

Fourth  Quarter.— Lessons  76-91  and  review.  These  lessons  continue  the  story  of 
Robinson  Crusoe.  If  the  teacher  can  find  time  to  use  "Ten  Boys,"  (see  List  of  Library 


Tl8 

Books),   in  similar  manner  to  directions  for  use  of  Robinson  Crusoe,  it  will  be  most 
excellent  work.    This  can  be  done  in  long  term  schools. 

Fourth  Year.  De  Garmo.    Bk.  I.    Part  II. 

First  Quarter.— Lessons  1-16.  The  teacher  should  have  "The  History  of  John 
Smith's  Life"  and  "Aesop's  Fables"  and  have  pupils  read  them.  Do  more  in  the  his- 
toric line  than  the  book  provides.  The  story  of  Columbus  is  also  a  good  one  to  use 
here.  Do  not  neglect  the  exercise  on  the  sentence  and  parts  of  speech. 

Second  Quarter.— Lessons  17-39.  The  teacher  must  emphasize  the  correct  use  of  the 
pronoun  this  quarter  and  in  addition  thereto  continue  the  use  of  the  fables  (excellent 
means  of  teaching  morals)  and  the  stories  of  John  Smith  and  Columbus. 

Third  Quarter.— "Lessons  40-64.  The  author  introduces  "The  Story  of  Ulysses." 
The  teacher  will  do  well  who  adds  also  "Homer's  Stories  for  School  and  Home," 
which  was  prepared  by  Prof.  F.  A.  Hall,  of  Washington  University,  St.  Louis,  to 
supplement  the  language  lessons.  Do  not  be  afraid  of  getting  too  many  interesting 
things  for  the  children.  They  will  revel  in  them,  will  write  the  stories  in  their  own 
language,  will  tell  them  at  home  and  learn  to  use  good  language.  Emphasize  good 
tense  forms  here. 

Fourth  Quarter.— Lessons  65-75  and  review.  The  work  of  this  quarter  is  not  unlike 
that  of  the  last  except  that  emphasis  is  placed  on  modifiers  in  grammatic  forms,  etc. 

In  all  this  work  study  to  catch  the  spirit  of  the  author  and  avoid  the  mere  formal 
disposition  of  the  subject  matter. 

Fifth  Year.  De  Garmo.    Bk.  II.    Part  I. 

First  Quarter.— Lessons  1-20.  The  teacher  will  notice  that  the  general  trend  of  the 
work  for  this  class  is  the  same  as  for  the  lower  class.  The  new  forms  and  modifica- 
tions are  just  a  little  more  advanced.  Use  more  of  the  fables  and,  in  addition  to  the 
story  of  Lincoln,  utilize  the  story  of  Washington. 

Second  Quarter.— Lessons  21-36.  Many  of  these  lessons  will  correlate  nicely  with 
the  nature  and  culture  studies,  more  especially  in  the  observations  and  comparisons 
of  animals. 

Third  Quarter.— Lessons  37-54.  The  author- uses  "lie  and  lay,"  "sit  and  set,"  "like 
and  as,"  as  a  means  of  securing  correct  forms  of  the  verb;  the  teacher  will  find  many 
more  usually  incorrect  expressions  to  use  in  the  same  way. 

Fourth  Quarter.— Lessons  55-66  and  review.  Different  parts  of  the  "Story  of  Ulys- 
ses" are  utilized  here  for  composition  and  to  teach  sentence  forms  and  the  use  of 
adverbs.  As  suggested  before,  carry  "Homeric  Stories"  along  with  it. 

Sixth  Year.  De  Garmo.    Bk.  II.    Part  II. 

First  Quarter.— Lessons  1-28. 

Second  Quarter.— Lessons  29-54. 

Third  Quarter.— Lessons  55-78. 

Fourth  Quarter.— Lessons  79-106. 

In  this  year  the  work  of  correlating  composition  work  with  good  literature  (bio- 
graphic and  historic  sketches)  is  continued.  The  Rip  Van  Winkle  stories  are  but  a 
type  of  many  others  found  in  Irving's  Sketch  Book.  The  Stories  of  Alexander  and 
Diogenes  will  suggest  many  others  to  the  teacher  acquainted  with  ancient  history. 
Along  with  the  biography  of  Benjamin  Franklin  should  come  those  of  Jefferson, 
Madison,  Hamilton,  and  many  others. 

The  study  of  animals  will  connect  directly  with  the  nature  studies.  There  is 
enough  grammar  in  the  book,  perhaps,  but  the  live  teacher  will  find  time  for  more 
drilling  than  is  provided.  Preparation  must  be  made  for  the  adopted  grammar  and 
much  depends  on  the  teacher. 

GRAMMAR. 

Seventh  Year.  Patrick's  Lessons. 

In  view  of  the  fact  that  many  teachers  do  not  find  Patrick's  Grammar  teachable- 
due  very  largely  to  the  fact  that  there  has  not  been  sufficient  drill  'in  lower  grades 


IK) 

and  to  the  further  fact  that  the  author  has  i  ut  some  of  the  hardest  things  first— it  is 
thought  best  not  to  begin  with  the  first  of  the  book,  and  it  is  recommended  that  the 
teacher  have  Southworth  and  Goddard  at  hand  for  pupils  and  that  Patrick's  be  very 
much  supplemented. 

First  Quarter.— Lessons  5-11  supplemented  from  Southworth  and  Goddard's  les- 
sons on  nouns,  pronouns  and  adjectives.  Do  not  fail  to  drill  on  inflections.  In  recent 
years  there  has  been  much  said  against  parsing.  There  is  no  thorough  grammar  teach- 
ing without  it.  Emphasize  the  parsing  of  nouns  and  pronouns  this  quarter. 

Second  Quarter.— Lessons  12-19.  Here  is  a  vast  field  for  work  and  Patrick  has 
given  only  an  outline.  Find  much  supplementary  work  in  other  texts  for  the  chil- 
dren. Do  not  take  anything  for  granted.  They  do  not  know  the  verb  after  studying 
it  for  years.  Drill  on  conjugations  and  when  you  think  the  pupils  know  it,  try  it 
again. 

Third  Quarter.— Lessons  20-24  and  supplement  by  having  many,  very  many  simplo 
sentences  parsed. 

Fourth  Quarter.— Lessons  25-26  on  participles  and  infinitives.  While  studying  these 
have  much  declining  and  conjugating  done  and  parse,  especially  the  nouns,  pronouns 
and  verbs. 

Eighth  Tear.  Patrick's  Lessons. 

First  Quarter.— 'Lessons  28-32.  Supplement  here  as  before.  The  work  runs  too 
rapidly  into  difficult  forms. 

Second  Quarter.— Lessons  35-40.  How  much  time  should  be  devoted  to  letter  writ- 
ing and  composition  will  depend  on  previous  drills.  This  work  should  be  carried  along 
through  the  entire  course,  but  in  nine  schools  out  of  ten,  several  weeks  should  be 
given  to  it  here. 

Third  Quarter.— Wessons  1-4.  This  is  sufficient  if  all  the  exercises  are  done.  The 
children  can  not  do  much  of  the  work  until  the  teacher  drills  on  the  analysis  of  sen- 
tences. When  these  four  lessons  are  well  and  thoroughly  taught  there  is  little  left 
for  the  teacher  in  this  grade  to  do. 

Fourth  Quarter.— Make  a  thorough  study  of  difficult  forms  found  in  lessons  27 
and  41. 

ARITHMETIC. 

First  Year.  Numbers. 

The  following  should  be  kept  constantly  in  mind  that  children  be  given  well 
defined  ideas  of  number:  (1)  The  psychological  order  of  presenting  the  mathematical 
processes  Is  addition,  subtraction,  multiplication,  division.  (2)  Counting  is  the  fun- 
damental process— it  may  be  by  units  of  measure  or  groups  of  units  of  measure. 
(3)  The  pupil  must  early  learn  to  recognize,  without  counting,  the  number  of  objects 
in  a  group.  (4)  Begin  the  teaching  of  arithmetic  with  the  use  of  things,  but  do  not 
continue  the  use  of  things  too  long  at  the  expense  of  the  higher  mental  processes 
through  which  alone  clear  concepts  of  number  can  be  formed. 

First  Quarter.— The  object,  for  some  weeks,  is  not  so  much  to  teach  numbers,  as 
to  prepare  the  way.  What  is  presented  for  one  lesson  is  intended  for  many  that  the 
teacher's  ingenuity  must  suggest.  Do  not  fall  into  the  error  of  thinking  that  children 
know  all  about  one,  two  and  three  when  they  come  to  school.  They  do  know  some- 
thing, but  not  all,  about  them.  To  know  a  number  is  to  know  how  to  make  all  sorts 
of  comparisons,  combinations  and  partitions  of  it.  Drill  to  secure  correct  forms  of 
expression  from  use  of  signs.  The  Arithmetic  for  first  to  third  year,  inclusive,  is 
adapted  from  "Longan's  Method,"  a  primary  arithmetic  by  G.  B.  Longan,  assistant 
city  superintendent  of  schools,  Kansas  City,  Mo. 

Read:  +  and;  —  taken  from,  beginning  with  number  on  the  right;  =  are  with  +;  - 
leaves  with  -;  X  times,  beginning  with  number  on  right,  -4-  how  many  (?)  in  (?)  in  con- 


120 

nection  with  — ,   beginning  with  number  on  the  right.     Or  -f-   (?)   is  how  tnany  tun; s  (?), 
beginning  with  the  number  on  its  left. 

1  book  -f-  2  books  =  3  books.. 

2  books  —  1  book  —  1  book. 

Place  a  large  number  of  simple  problems  on  the  board  and  have  pupils  copy 
them.  Lessons  should  be  given  with  objects  first,  however. 

Have  foot  rulers.  Let  children  draw  three  lines  on  the  board  the  length  of  the 
ruler  in  different  positions  and  in  straight  line: 


Drill  in  all  sorts  of  combinations  and  subtractions,  calling  them  lines  and  feet, 
and  arrange  board  work  for  pupils  to  copy. 

Take  yard  sticks  and  treat  in  same  manner.  Make  both  foot  and  yard  as  units 
and  teach  that  1  foot  =  %  yard;  2  feet  =  %  yard;  1  foot  X  2  =  %  yard.  Use  other 
objects  in  same  way.  Adding  to  and  taking  away  the  objects,  have  pupils  recite  in 
good  form.  Put  lines  on  board;  erase  and  replace  so  as  to  make  all  possible  combina- 
tions. 

Study  four  in  like  manner  through  the  use  of  the  liquid  measure.  Have  supply 
of  gallon,  half  gallon,  quart  and  pint  measures  and  a  bucket  of  water.  Let  children 
measure  out  water  and  learn  that 

1  pt  +  1  pt  =  qt;  1  pt  +  1  qt  =  3  pts;  1  pt  +  2  pts  =  1V2  qts;  1  pt  +  3  pts  =  2  qts,  etc 

Do  not  think  one  lesson  in  this  is  sufficient.  Persist  with  the  concrete  work  and 
give  much  seat  work,  such  as: 

4  pts  —  1  pt  =  (?)  pts;  1  qt  +  2  pts  —  (?)  pts;  2  pts  +  2  pts  =  (?)  qts;  1  qt  -f  (?) 
qts  =  1  gal;  1  gal  —  2  pts  =  (?)  qt;  3  pts  +  (?)  pts  =  2  qts. 

Confine  the  work  in  this  quarter  to  the  number  four. 

Second  Quarter.— Continue  the  work  of  the  first  quarter  and  use  many  practical 
problems:  In  2  gallons  how  many  %  gallons?  In  %  gallons  how  many  quarts?  In 
%  yard  how  many  %  feet?  1  gallon  X  2  =  (?)  yz  gallons?  And  then  go  to  abstract 
problems 

1  =  ?/    1%  =  ?/    1  =  ?/    2  =  ?/  ;  1  —  %  =  ?/  ,  etc. 

/I  /2  /3  /3  /3 

Make  dozens  of  problems  like  the  following:  A  man  had  a  gallon  of  cider  and 
sold  a  quart;  how  many  quarts  had  he  left?  A  pint  of  nuts  is  worth  two  cents;  what 
is  a  quart  worth? 

Have  a  supply  of  coppers  and  nickels  and  dimes.  With  these  teach  five,  combina- 
tions of  fives  and  parts  of  five.  There  is  no  limit  to  the  amount  of  work  an  ingenious 
teacher  may  do  for  her  pupils  here.  Do  not  neglect  the  use  of  the  measures.  Persist 
in  using  them  and  in  having  children  use  them.  Good  results  can  not  be  expected 
until  children  are  made  thoroughly  familiar  with  units  of  measure. 

Third  Quarter.— Have  rulers  six  inches  long  divided  into  inches  and  marked  on  op- 
posite side  "Y2  ft."  Get  pupils  to  draw  on  board  lines  1  in.  long,  2  in.  long,  3  in.  long. 
Put  them  together  in  all  sorts  of  ways  to  make  combinations  of  six  and  numbers  below 
six.  Show  parts  of  ft.,  parts  of  Vz  ft.,  etc.  Place  parts  together  for  sums;  take  them 
apart  for  differences.  Do  not  neglect  board  and  seat  work.  Use  many  kinds  of  objects 
to  illustrate  this  work:  Pint  and  quart  measures,  pieces  of  money,  etc.  The  class 
work  should  prepare  pupils  for  slate  work.  Group  objects  and  have  pupils  see  groups 
and  not  count  by  single  units.  Get  children  to  sec  how  many  2  inches  in  6  inches,  how 


121 

many  2  pints  in  8  pints,  in  1  gallon;  how  many  5c.  nickels,  in  1  dime,  in  2  dimes.    Use 
following  scheme  for  slate  and  blackboard  work: 

1     ftl  5  c.l 

12inl  H  ft  I  3c.  I 

6  in  I  Y3   ft  |  2  c.  I 

3iS[=<?>ft-  g  ffh(?)in  I  J-j-=(?)  nickels. 

8  in  I  fc  ft  60.  I 

2  in  I  1-6  ft  |  7  c.  I 

1  in  j  5-6  ft  J  8  c.  J 

Teach  what  linear  measure,  liquid  measure,  dry  measure  and  money  measure  are 
used  for.  Introduce  here  the  peck  and  bushel  measure,  and  review  thoroughly  with  it. 

Fourth  Quarter.— Take  time  measure  to  teach  seven.  Using  day  as  unit  build  up  the 
week;  using  week  as  unit,  teach  sevenths.  Teach  eight  by  means  of  dry  measure,  quarts, 
pecks,  bushels  and  by  the  scale  in  music. 

Teach  nine  principally  through  linear  measure.  Liquid  and  dry  measure  may  be 
made  to  serve  here  also. 

Teach  ten  with  money.  That  will  be  easy  now.  Make  hundreds  of  practical  prob- 
lems concerning  the  farm,  its  products  and  marketing.  Take  children  to  store  and 
make  problems  concerning  ribbon,  calico,  cloth,  etc.,  concerning  things  that  are 
bought  and  sold  by  the  bushel  or  by  the  gallon  and  their  parts.  Begin  to  make  tables 
in  addition,  subtraction,  multiplication  and  division,  using  fractions  as  well  as  whole 
numbers. 

Second  Year.  Numbers. 

First  Quarter.— Teach  11-15,  inclusive.  Let  the  work  be  objective  still,  but  lead  more 
rapidly  to  mental  solution.  Have  pupils  make  and  illustrate  in  concrete  way  many 
abstract  problems.  Teach  pupils  to  make  problems.  Let  problems  and  units  used  be 
those  of  practical  and  industrial  necessity,  not  those  frequently  used,  such  as:  tooth- 
picks, shoe-pegs,  marks,  apples,  grains  of  corn,  etc.  Do  not  fear  using  objects  and 
measuring  instruments  too  much.  Water  may  be  used  for  milk,  cider,  syrup,  etc.:  sand 
for  corn,  wheat,  apples,  etc.;  strings  for  ribbons  and  dress  goods;  buttons,  for  money. 

Take  each  number  through  the  three  stages.  The  development,  the  use  and  the 
drill.  Aim  at  accuracy  of  expression  as  well  as  of  thought.  Drill  for  thoroughness 
and  rapidity.  "Form  a  line,  using  twelve  one  foot  measures.  Let  a  sufficient  number 
of  pupils  stand  before  the  class  to  hold  the  measures  up  in  line,  end  to  end.  Separate 
the  line  in  the  middle.  How  long  is  this  part?  How  long  is  that  part?  How  many 
sixes  of  feet  in  twelve  feet?  What  part  of  the  whole  line  is  this  part?  What  part  of 
the  whole  line  is  that  part?  One-half  of  twelve  feet  are  how  many  feet?  Two  halves  of 
twelve  feet  are  how  many  feet?  Now  break  the  parts  three  feet  from  this  end;  now 
three  feet  from  this  end.  How  long  is  the  first  part?  How  long  is  the  second  part? 
The  third  part?  The  fourth  part?  How  many  parts  are  there  in  the  whole  line?  How 
many  threes  of  feet  in  twelve  feet?  In  six  feet?  In  nine  feet?  How  many  yards  in 
three  feet?  In  six  feet?  In  nine  feet?  In  twelve  feet? 

The  teacher  may  now  substitute  four  yard  measures  for  the  twelve  foot  measures 
and  go  over  same  line. 

Similarly  show  how  many  twos  of  feet  in  twelve  feet. 

Second  Quarter.— Teach  16-22  inclusive  and  use  avoirdupois  and  apothecary  weights. 
Have  scales  in  school,  if  possible;  if  not,  go  with  children  once  or  twice  to  a  grocery 
or  drug  store  and  illustrate  the  work.  Balances  may  be  improvised  by  the  teacher. 
Follow  same  general  directions  as  given  in  first  quarter. 

Third  Quarter.— Teach  23-30  inclusive.  Introduce  the  rod  as  a  unit  of  measure  and 
have  children  measure  distances  near  school  house. 

Fourth  Quarter.— Teach  31-50  inclusive.  Introduce  square  measure  and  how  to  meas- 
ure surfaces  of  blocks,  tables,  desks,  walls,  floors,  yards,  etc. 


122 


Third  Year.  Without  Text. 

First  Quarter.— Teach  51-75  inclusive.  As  before,  keep  concrete  work  ahead  of  ab- 
stract, but  have  more  abstract  work  than  formerly.  Teach  pupils  to  solve  such  ex- 
amples as:  (1)  12  plus  y2  of  12  multiplied  by  2.  (2)  12  —  1-3  of  12  divided  by  4.  Use  such 
examples  as  a  basis  of  problem  making,  as  follows:  A  farmer  had  12  pigs  and  bought 
one-half  as  many  more  and  sold  what  he  then  had  at  $2  apiece.  How  much  money  did 
he  receive?  (2)  A  mother  had  12  oranges  and  gave  her  son  1-3  of  them  and  divided 
the  remainder  equally  among  her  four  girls.  How  many  oranges  did  each  girl  get? 

Drill  upon  surface  forms: 


Figure  1. 


A  is  what  part  of  the  unit?    B  is  what  part  of  A?  of  the  unit?  of  A  plus  B' 
of  A  plus  C?  -of  A  plus  the  unit?    Make  problems  based  on  such  division. 


E 


Figure  2. 


Drill  on  adding  and  subtracting  and  taking  parts.  If  12  is  the  unit  in  figure  2, 
what  Is  A?  What  is  C?  What  is  A  plus  C?  What  is  A  plus  B  —  D?  What  is  the 
unit  —  A?  What  is  the  unit  —  E? 

If  40  is  the  unit  in  figure  1,  what  are  the  several  parts?  Get  ready  for  percentage 
by  making  100  the  unit. 

Have  pupils  to  add  columns  of  figures  and  to  multiply  by  3. 

Second  Quarter.— Teach  76-100  inclusive.  Teach  how  to  reduce  fractions  to  a  com- 
mon denominator.  After  reducing,  add  and  subtract.  Give  equivalents  in  hundredth^ 
of  %,  i/i,  1-5,  1-10,  etc.  Teach  pupils  to  multiply  large  numbers  by  4  and  5  and  to  sub- 
tract where  there  is  no  "borrowing." 

Third  Quarter.—  Continue  the  same  kind  of  work  as  above.  Teach  to  multiply  by 
6  and  7  and  to  divide  by  3  and  4.  Begin  percentage  and  continue  to  end  of  year. 

Persist  in  furnishing  many  practical  problems  and  in  having  pupils  make  them. 

Fourth  Quarter.— Add.  longer  columns.  Subtract  by  easy  "borrowing."  Multiply  by 
8,  9  and  10.  Divide  by  5  and  6.  Write  such  examples  as  (%  of  15)  plus  (%  of  24)  equal? 
Require  pupils  to  make  problems,  using  above.  Teach  factors  of  numbers  from  4  to  100. 


Fourth  Tear.  Milne's  Elementary. 

Problems  during  this  period  should  develop  skill.  To  acquire  skill  there  must  be 
a  thorough  drill  in  the  fundamental  processes— addition,  subtraction,  multiplication 
and  division.  The  multiplication  table,  "the  key  to  arithmetic,"  must  be  so  thoroughly 
mastered  that  factors  instantly  suggest  the  product  and  vice  versa. 

Teachers  should  remember  that  while  emphasizing  drill  they  should  frequently 


123 

deal  with  the  concrete  and  its  measurement;  pupils  should  constantly  be  called  upon 
to  interpret  symbols  and  explain  processes. 

With  training  for  skill  in  computations  there  should  be  acquired  increased  skill 
in  ana-lysis.  An  operation  may  be  performed  with  only  a  partial  knowledge  of  the 
reasons  underlying  its  steps,  but  in  the  solution  of  a  problem  reasons  must  be  given 
for  each  operation. 

First  Quarter  to  page  138.— Continue  same  kind  of  work  as  in  previous  year  mak- 
ing work  in  multiplying  and  dividing  more  difficult  until  pupils  can  perform  processes 
rapidly  to  12. 

Drill  on  parts  and  run  it  into  parts  of  100  or  percentage.  White's  Oral  Arithmetic 
may  be  used  to  good  advantage  in  this  class. 

Second  Quarter  to  page  179.— Drill  on  fractions  and  problem  making.  Teach  to 
write  and  read  decimals  and  to  perform  simple  operations  with  them.  Do  not  forget 
to  keep  problems  on  board  for  pupils  to  solve  and  drill  on  proper  forms  of  solution 
and  correct  explanations. 

Third  Quarter  to  page  205.— Spend  much  time  in  solving  problems  in  measurements 
of  surfaces  and  of  solids.  Teach  to  find  areas  and  contents.  Have  a  box  of  blocks  of 
all  sizes  from  %  inch  cube  to  6  inch  cube.  These  may  be  made  at  any  saw  mill  or 
lumber  yard.  Use  them  to  teach  relations  of  numbers,  ratio  and  proportion.  Thor- 
oughly drill  In  sight  work.  Teach  long  division. 

Fourth  Quarter  complete  text.— Continue  drills  in  all  subjects  taught,  devoting 
Mondays  to  taking  parts  and  in  percentage,  Tuesdays  to  ratio  and  proportion,  Wed- 
nesdays to  measurements,  Thursdays  to  fractions  and  Fridays  to  rapid  processes  In 
simple  numbers.  This  is  according  to  Hall's  spiral  plan  and  should  be  used  through 
the  entire  course  as  supplementary. 

Fifth  Year.  Milne's  Standard. 

Clear  ideas  of  number  and  skill  in  processes  having  been  secured,  training  of 
the  analytic  judgment  should  receive  greater  attention.  The  previous  study  has  been 
the  art  of  arithmetic;  it  should  now  be  studied  more  as  a  science.  Definitions,  prin- 
ciples, rules  and  formulas  should  now  be  developed.  Each  subject  should  be  known 
for  itself  and  for  its  relation  to  other  subjects.  Relation  and  interdependence  should 
be  carefully  taught. 

First  Quarter.— To  page  60. 

Second  Quarter.— To  page  85. 

Third  Quarter.— To  page  110. 

Fourth  Quarter.— To  page  128. 

During  the  year  White's  Oral  Arithmetic  to  page  55.  Give  frequent  drills  in  no- 
tation and  numeration.  This  year  a  full  and  complete  mastery  of  addition,  subtrac- 
tion, multiplication  and  division  and  of  simple  and  fractional  numbers  should  be 
acquired. 

At  the  time  of  reciting  Oral  Arithmetic  do  not  have  the  problems  written  where 
the  pupils  can  see  them.  The  pupils  should  listen  so  that  each  may  repeat  the 
problem  if  required  to  do  so. 

The  pupil  solving  the  problem  should  stand  and  give  his  own  analysis,  "the  teacher 
warning  him  against  illogical  processes,  but  giving  no  set  forms.  Do  not  omit  the 
practice  in  problem  making. 

Sixth  Year.  Milne's  Standard. 

First  Quarter.— To  page  144.  Complete  common  fractions.  Use  the  "Review  Exer- 
cises" in  the  book.  Make  others. 

Second  Quarter.— To  page  170.  Remember  that  a  clear  understanding  of  percentage 
depends  upon  thorough  knowledge  of  decimal  fractions.  Drill.  Drill. 

Third  Quarter.— To  page  196.  The  work  in  compound  numbers  should  be  amply 
illustrated  by  having  the  children  use  the  various  weights  and  measures.  (You  can 
make  or  borrow  them.) 


n>4 

Fourth  Quarter.— To  page  220.  During  the  entire  year  use  White's  Oral  Arithmetic 
to  page  98.  Much  depends  on  how  you  use  it. 

Seventh  Year.  Milne's  Standard. 

First  Quarter.— To  page  245.  Let  the  first  month  be  used  in  review.  Do  not  fail  to 
make  clear  the  principles  involved  in  each  problem.  Teach  percentage  analytically, 
reducing  the  percent  to  a  common  fraction.  Have  each  problem  solved  from  the  pupil's 
own  view-point.  Avoid  model  solutions,  patterns  and  recipes.  Lead  pupils  to  think. 

Second  Quarter.— To  page  262.  Give  much  supplementary  work  during  this  quarter 
in  addition  to  emphasizing  the  corresponding  work  in  White's  Oral  Arithmetic.  Drill 
for  accuracy  and  rapidity. 

Third  Quarter.— To  page  289.  Omit  "Annual  Interest,"  and  "True  Discount,"  and 
drill  the  pupils  until  they  can  readily  write  any  of  the  simple  forms  of  business  paper, 
such  as  promissory  notes,  receipts,  checks,  drafts,  etc. 

Fourth  Quarter.— To  -page  312.  During  the  entire  year  use  White's  Oral  Arithmetic 
to  page  146. 


Eighth  Year.  Milne's  Standard. 

First  Quarter.— To  page  342.  Make  it  plain  that  simple  proportion  is  an  equality  or 
simple  ratios  that  may  be  arranged  in  direct  or  indirect  order.  Avoid  the  formal  state- 
ment of  problems  by  the  rule  given  on  page  318,  and  lead  pupils  to  see  relations. 

Second  Quarter.— To  page  3G8.  If  you  find  your  pupils  do  not  grasp  the  principles 
involved  in  a  given  problem,  simplify  and  drill  until  they  are  able  to  master  them. 
This  quarter's  work  gives  you  a  rare  opportunity  to  test  the  strength  of  your  pupils 
in  Arithmetic. 

Third  Quarter.— To  page  394. 

Fourth  Quarter. — Complete  the  book. 

Complete  White's  Oral  Arithmetic  during  the  year,  and  review  the  most  difficult 
points. 

DRAWING. 

The  object  of  this  course  is  an  understanding  of  the  type-forms  in  nature  and  art, 
the  training  of  the  powers  of  observation  and  the  development  of  the  aesthetic  tasto 
and  judgment.  All  teachers  who  have  had  no  especial  training  for  the  work,  should 
make  a  careful  study  of  some  text  and  develop  a  critical  sense  of  form.  A  two-year 
course  without  a  book  is  here  arranged  with  the  hope  that  its  brevity  and  simplicity 
will  so  recommend  it  that  teachers  will  give  it  a  car'eful  trial.  Following  lines  sug- 
gested, the  course  may  be  easily  extended  to  cover  four  or  six  years. 

Materials.— Sheets  of  paper  6  by  9  inches,  a  soft  lead  pencil  and  a  rubber  eraser. 

Models.— The  course  is  so  arranged  that  when  leaf  models  are  needed  they  will 
be  in  season.  Other  models  may  be  made  or  procured  from  the  homes.  Interested 
pupils  may  be  relied  on  to  furnish  their  own  models,  if  properly  directed  by  the  teacher. 
The  order  of  procedure  in  the  drawing  of  any  model,  is: 

First— Sketch  very  lightly  the  general  direction  of  any  long  linos  that  will  aid  in 
the  construction  of  the  drawing. 

Second.—  Using  these  guide  lines,  sketch  lightly  the  approximate  form  desired. 

Third.—  Trim  and  add  to  the  approximate  until  the  true  form  is  made. 

Fourth.— Add  details  not  already  drawn  as  part  of  the  general  form. 

Fifth.— Strengthen  the  desired  outline  and  erase  the  constructive  and  misplaced 
lines. 

(Note.)— The  drawing  should  alternate  with  writing  by  days,  weeks  or  quarters. 


125 


First  Year. 
First  Quarter:    Straight  and  Curved  Lines. 

1.  Horizontal   lines,    vertical    lines,    square,    square    with   diagonals,    true   square 
with  oblique  square  within,  square  with  diameters,  square  with  heart  within  square, 
square  with  differently  formed  rosettes  within,  etc. 

2.  Leaf  Models.    Pupils   will  collect  and  mount  flatly  on  cards  ten   varieties   of 
leaves  for  models.     Draw  only  the  principal  veins  and  serrations. 

Second  Quarter:     Sphere  and  Spherical  Models. 

1.  Drawing  from   true  sphere  suspended   at  the  level   of  the   eye. 

2.  Spherical  fruits  or  vegetables  used  as  models. 
Third  Quarter: 

1.  Drawing  of  mixed  models:     Vase,  dish,  basket,  box,  etc. 

2.  Rectangular  forms  in  horizontal,  vertical  or  oblique  positions. 

Fourth  Quarter.— Cylindrical  and  mixed  models  and  their  modifications.  Vegetables, 
sections  of  wood,  stems,  ears  of  corn,  etc. 

Second  Year. 

First  Quarter.— Rectangular  models  in  horizontal  positions,  below  the  level  of  the 
eye,  showing  front  and  top  only.  Cylindrical  forms  in  different  positions  at  the  level 
of  the  eye. 

Second  Quarter.— Cubical  forms  at  level  of  the  eye,  below  level  of  the  eye.  Try 
some  irregular  forms,  using  pebbles  or  pieces  of  ore  as  models. 

Third  Quarter.— Use  groups  of  models.  Study  the  proper  combination  of  objects 
into  harmonious  groups  and  draw. 

Fourth  Quarter.— Free  hand  drawing  of  simple  blossoms  or  sprays,  mounted  upon 
cards.  Make  free  hand  drawing  of  mouse,  cat,  rabbit,  and  other  simple  animal  forms. 

WRITING. 

The  aim  in  school  writing  should  be  to  train  every  child  to  write  a  neat,  legible 
hand  with  facility.  During  the  first  three  or  four  years  attention  should  be  given 
mainly  to  form,  but,  while  learning  to  make  letter  forms  neatly  and  accurately,  the 
child  should  form  writing  habits  which  interpose  nothing  to  prevent  freedom  in  sub- 
sequent training.  Beginning  in  Class  B,  there  should  be  systematic  training  for  free- 
dom and  speed  combined  with  continued  care  as  to  neatness  and  accuracy  of  form. 

Materials.— During  the  first  three  months  the  blackboard  and  crayon  supply  the 
best  materials  for  the  child's  practice.  After  that  he  should  use,  in  addition,  a  copy 
book,  practice  paper,  an  exercise  book  for  his  general  written  work  and  a  broad, 
smooth  pen,  or  a  good  pencil  with  broad  lead.  The  use  of  slates  induces  the  worst 
kind  of  writing  habits  and  should  be  avoided  wherever  possible.  It  is  impossible  for 
a  child  to  write  easily  with  a  fine  pen,  but  a  broad  smooth  pen  is  the  best  instrument 
for  all  school  writing. 

To  Train  in  Accuracy  of  Form: 

1.  There  should  be  a  carefully  written  copy  of  the  alphabets  as  given  in  the  copy 
books  at  the  top  of  each  blackboard. 

2.  The  teacher's  blackboard  writing  should  always  be  in  harmony  with  the  sys- 
tem taught,   and  should  be  a  model  of  simplicity  and  neatness.     The  importance  of 
this  cannot  be  over  estimated.     It  teaches  all  the  time. 

3.  Use  copy  books  regularly.    For  clearly  impressing  accurate  percepts  of  letter- 
forms  upon  the  mind,  nothing  can  take  the  place  of  the  copy  book.    A  sheet  of  prac- 
tice paper  may  bo  kept  in  the  copy  book  and  the  copy  written  upon  that  until  approved 
by  the  teacher,  so  that  the  book  is  a  register  of  best  work.    In  going  through  the  book 
for  the  first  time  have  pupils  write  only  the  first  half  of  each  page.    The  second  half 
page  written   several   weeks  later  should   show  distinct  improvement. 


126 

4.  Accept   no    careless   writing   in   connection   with    any    subject.     More    depends 
upon  the  writing:  habit  the  child  forms  in  his  ordinary  writing  than  upon  the  special 
lessons. 

5.  Keep  constantly  on  exhibition  some  of  the  best  written  exercises  of  each  grade, 
renew  the  material  frequently  and  arrange  to  exchange  samples  with  the  best  schools 
you  know. 

6.  Encourage  the  first  year  pupils  to  write  very  large  and  to  only  gradually  re- 
duce the  size  from  year  to  year.     Let  them  make  print  like  forms  and  omit  incon- 
venient joining  lines  if  they  wish,  but  have  them  group  the  letters  closely  and  space 

the  words  well. 

To  Train  in  Freedom  and  Speed: 

1.  Pupils  should  sit  erect,  the  body  self-supported,  the  elbow  in  the  natural  posi- 
tion near  the  side  of  the  body  so  that  there  is  no  pressure  upon  the  forearm. 

2.  To  prevent  cramping  the  fingers  and  pressing  the  side  of  fhe  hand  upon  the 
desk  or  paper,  insist  upon  pupils  "writing  with  the  fingers  well  up  from  the  point  of 
the  pen,  say  an  inch  and  a  half. 

3.  From  the  beginning  of  desk  writing  at  the  commencement  of  each  special  les- 
son have  pupils  write  large  on  practice  paper  for  two  or  three  minutes,  some  easy  word 
with  both  hand  and  arm  free  from  the  desk.    Follow  this  by  much  practice  with  the 
forearm  slightly  steadied  upon  the  desk  but  the  hand  free.    This  special  training  gives 
the  hand  control  necessary  for  freedom  in  vertical  writing. 

.  4.  In  the  fourth  or  fifth  year  begin  to  urge  pupils  to  rapidity  by  timing  them 
at  first  upon  an  easy  word  such  as  one,  and  or  the,  written  upon  practice  paper  to 
see  how  many  times  they  can  write  it  in  a  minute,  preserving  good  form.  In  higher 
grades  gradually  increase  the  difficulty  of  the  exercise  to  sentences  of  several  words. 
After  some  training  of  this  kind  pupils  using  the  natural  system  should,  in  the  fifth 
year  average  twenty-five  words  per  minute  and  in  the  eighth  year  upwards  of  thirty- 
five  and  should  perceptibly  carry  the  power  so  developed  into  their  ordinary  work 
NOTE.— Practice  paper  should  not  be  specially  ruled.  No  one  could  write  freely 
under  such  restrictions. 

VOCAL,  MUSIC. 

If  well  managed  the  recitation  in  music  will  become  one  of  the  most  delightful, 
beneficial  and  healthful  exercises  of  the  school.  Rhythmic  movements  or  sounds 
naturally  attract  children.  An  apt,  industrious  teacher  will  experience  little  difficulty 
in  interesting  children  in  music  and  making  it  a  potent  factor  in  their  education. 

Much  can  be  accomplished  without  a  book  in  the  hands  of  the  pupils.  We  would 
advise,  however,  that  if  possible  some  simple  text  arranged  for  elementary  schools 
be  used.  To  be  used  effectively  as  an  exercise  book,  it  is  necessary  that  the  text  be 
simple.  The  second  book  of  nearly  any  series  arranged  for  public  schools  will  an- 
swer the  purpose  in  a  rural  district  school.  Much  depends  upon  the  teacher's  ingenu- 
ity and  aptness  in  directing. 

The  following  outline  is  offered  as  suggesting  what  to  do  next.  The  series  of 
exercises  may  be  repeated  an  indefinite  number  of  times  and  made  a  little  more  dif- 
ficult at  each  repetition: 

1.  Rote  Songs:    (a)  To  arouse  interest;  (b)  To  cultivate  moral  and  aesthetic  nature; 
(c)  To  develop  tone  perception  and  sense  of  rhythm  and  metre. 

2.  Tone  E'aeercisqs:     (a)  To  unite  voices;   (b)  To  cultivate  voices;   (c)  To  train  the 
ear;  (d)  To  introduce  the  scale. 

3.  Study  of  Scale  as  a  Whole:    (a)    To  fix  the  scale  as  a  song  or  unit  for  tone  re- 
lation;  (b)  To  give  impression  of  the  variations  -in  seconds;   (c)  To  fix  order  of  tones 
ascending  and  descending  and  to  distinguish  them  by  name. 

4.  Practice:     (a)   To  gain  power  in  use  of  scale;    (b)   To  gain  power  to   assume 
tonic  from  any  tone  of  given  scale;  (c)  To  give  power  to  recognize  tones  when  sung 
or  played  by  teacher. 


5.  Notation:     (a)   Representation  of  whole  scale;   (b)  Scale  in  different  positions; 
(c)  Facts  relating  to  tone  succession  up  and  down;  (d)  Use  of  key  signature  to  show 
location  of  key  tone  or  tonic. 

6.  Simple  note  reading  using  scale  successions  up  and  down— with  key  note  in 
various  positions. 

7.  Introduction   of   metre   and  corresponding  signs  and   accents— two   and   three 
part  measures  only. 

8.  Writing  by  pupils  on  staff  of  simple  tone  expressions  (with  key  tone  in  differ- 
ent positions)  from  teacher's  dictation. 

9.  Study  of  the  Scale:    (a)    The  key   note  up;    (b)    The   key  note  down;    (c)   The 
leading  tone;  (d)  The  dominant;  (e)  The  sub-dominant. 

10.  Simple  Note  Reading:     (a)    Scale   succession   only,    down  and  up;    (b)    Simple 
skips;  (c)  With  holds,  rests  and  repeat  marks. 

11.  Illustrate  every  lesson  with  the  three  classes  of  rote  songs. 

12.  Tone  Study:     (a)  For  length;  (b)  For  pitch;   (c)  For  force;  (d)  For  quality. 

13.  Study  New  Notations— Notes  and  characters  not  previously  studied. 

14.  Introduce  new  metres,  and  various  representations  (four  and  six  part  meas- 
ures.) 

15.  Introduce  new  rhythms  including:     (a)  Note  to  beat;  (b)  Multiple  beat;  (c)  Two 
notes  to  beat. 

16.  Study  and  practice  two  notes  to  beat,  with  all  forms  of  rhythm  previously 
studied,  including  the  use  of  these  rhythms  with  two,  three,  four  and  six  part  metre. 

17.  Apply  Words  to  Music:    (a)  In  simple  one  part  songs;  (b)  In  two  part  songs. 

18.  Study  different  varieties  of  metre— 2-8,  3-8,  2-4,  3-4,  4-4. 

19.  Introduce   unevenly  divided  measures  as  expressed  by  dotted  note  followed 
by  complementary  note. 

20.  Learn  and  practice  devotional  and  patriotic  songs  of  two  and  three  parts. 

21.  Practice  Music  Writing:     (a)  From  dictation;  (b)  Original  phrases  and  periods; 
(c)  Original  phrases  of  two  parts. 

22.  Exercises  /or  Voice  Training:    (a)  For  clear  enunciation;  (b)  For  rapid  vocaliza- 
tion; (c)  For  pitch;   (d)  For  force. 

23.  Practice  part  singing,  using  songs  of  two  or  three  parts. 

24.  Introduce  base  clef  and  practice  note  reading  thereon. 

25.  Practice  singing  choruses,  quartet  and  chorus,  soprano  and  alto  duets,  girls 
singing  soprano  and  boys  alto. 

NATURE    STUDIES. 
Including   Geography,   Physiology   and  Agriculture. 

The  first  natural  effort  of  the  child  is  to  interpret  the  material  world  with  which 
his  senses  come  in  contact.  The  process  begins  with  the  babe  and  never  ends.  Be- 
fore the  child  enters  school  his  fund  of  knowledge  is  of  the  things  that  are  about  him 
and  with  which  he  comes  in  contact  from  day  to  day.  The  desire  to  go,  to  see  some- 
thing new,  to  know  all  about  it,  that  which  we  sometimes  call  curiosity,  leads 
naturally  to  investigation.  The  teacher  who  can  wisely  guide  this  desire  has  an 
easy  task  to  get  and  to  keep  the  child's  interest  at  white  heat.  There  is  no  better 
way  of  giving  pupils  so  much  useful  knowledge  than  to  guide  them  through  nature's 
storehouse.  While  knowledge  is  a  result  of  observation,  it  must  not  be  considered  the 
end.  The  acquisition  of  knowledge  should  be  a  means  to  an  end— the  development  of 
the  faculties— the  attainment  of  skill.  To  make  close  and  accurate  observations,  to  give 
clear  and  terse  expressions  are  the  two  best  results  of  study. 

It  is  not  claimed  that  the  following  outline  is  complete  or  the  best  that  may 
be  made.  It  is  full  enough  to  permit  the  teacher  to  select  that  material  which  is 
nearest  at  hand  and  with  little  or  no  expense.  Still  some  schools  will  be  able  to  do 
all  of  the  work  outlined  and  more.  It  is  hoped  that  every  teacher  will  take  up  the 
work  and  do  as  much  of  it  as  possible,  be  that  little  or  much.  Let  each  try  to  get 


128 

away  from  the  mechanical  presentation  and  to  catch  the  spirit  of  concrete  methods. 
Pupils  will  imbibe  it  from  the  teacher.  A  failure  to  interest  children  and  patrons 
in  this  work  will  be  due  more  largely  to  the  teacher's  inability  to  adjust  himself  to 
it  than  to  any  supposed  opposition  of  patrons  or  lack  of  appreciation  on  the  part  of 
the  pupils. 

The  work  is  outlined  by  quarters  for  classes,  giving  to  each  class  enough  for  two 
years.  The  teacher  may  divide  the  work  for  each  class  and  give  only  half  of  it  in 
any  one  year;  but  it  is  deemed  a  better  plan  to  give  all,  if  possible,  in  one  year  and  to 
have  the  second  year  pupils  go  over  the  work  a  second  time.  There  will  always  be 
enough  that  is  new  in  the  subject  and  in  the  method  to  hold  the  interest  of  pupils 
and  make  the  work  more  thorough. 

Just  so  far  as  possible  correlate  the  literature  work  with  the  nature  study  so 
that  each  may  help  to  a  proper  understanding  and  appreciation  of  the  other.  It  will 
be  seen  by  reference  to  the  general  outline  and  to  the  daily  programme  that  one  period 
a  day  is  devoted  to  nature  and  literature  lessons.  The  teacher  should  alternate  these 
lessons  by  days  or  by  weeks.  It  will  frequently  be  better  to  combine  the  two  into 
one,  more  especially  when  the  literature  selected  has  its  setting  in  nature. 

Do  not  fail  to  make  every  lesson  a  lesson  in  language,  a  lesson  in  spelling,  a  les- 
son in  penmanship,  and  incidentally  connect  the  number  work  and  reading  with  it  all. 
Class  D.  First  and  Second  Years. 

First  Quarter:  Leaves.— Collect  at  least  a  dozen  kinds  of  leaves  found  in  the 
vicinity  of  the  school;  observe  the  forms,  sizes,  stems  and  veining  and  have  pupils 
make  a  drawing  of  each  kind.  Lead  the  children  to  observe  the  kind  of  plants  on 
which  the  leaves  grow;  the  location  of  the  plants  as  to  soil,  moisture,  etc.  Let  this 
be  the  basis  of  oral  and  written  language  lessons. 

Fruits.—  Apple,  peach,  orange,  lemon,  grape,  plum,  acorn,  hickorynut,  hazelnut, 
walnut,  pecan,  different  varieties  of  berries  both  wild  and  domestic.  Study  these  in 
comparison  as  to  form,  size,  color,  covering,  uso,  how  gathered  and  preserved.  Do 
not  neglect  to  select  and  read  in  connection  with  this  work  some  good  literature  bear- 
ing on  the'  same. 

Insects.— Grasshopper,  cricket,  katydid,  spider,  beetle,  fly,  ant,  butterfly,  etc. 
Collect  and  keep  alive  in  bottles,  or  fruit  jars.  Study  them  as  to  size,  habits,  food 
(how  secured),  purposes  served,  relation  to  plant  life  and  to  other  animals. 

Birds.— Robin,  quail,  woodpecker,  jay,  crow,  hawk,  chicken,  duck,  etc.;  study 
these  as  to  habits,  covering,  their  food,  how  used  by  man,  where  live,  how  rear  their 
young,  name  and  imitate  the  noise  made  by  each  under  different  circumstances. 

Geography.— Make  a  daily  record  of  the  weather,  observing  the  sunshine,  clouds, 
temperature,  rain,  dew,  frost,  winds,  length  of  shadows,  time  and  place  of  sunrise 
and  sunset,  the  moon,  its  phases  and  changes. 

Literature.—  Many  lessons  in  the  first  and  second  readers  may  be  made  helpful 
in  a  proper  development  of  nature  study.  Classify  the  lessons  in  each  reader  as  to 
what  they  teach.  Select  for  use  in  the  school  room,  to  be  read  by  the  te'acher  or  by 
the  pupils,  as  many  of  the  following  poems  as  possible:  "How  the  Leaves  Came 
Down,"  "The  Grasshopper  and  the  Cricket,"  "The  North  Wind  Doth  Blow,"  "Little 
Robin  Redbreast,"  "The  Faded  Leaves,"  "The  Harvest  Moon,"  "North  Wind  and 
Snow  Princess,"  "Fruit  Song,"  "October,"  "October's  Bright  Blue  Weather,"  and 
"The  Flight  of  the  Birds." 

Second  Quarter:  Seed  Vessels.— Direct  the  children  in  collecting,  in  small  boxes, 
various  kinds  of  seed  vessels.  Lead  them  to  observe  size,  shape,  how  attached  to 
plant,  number  and  shape  of  parts,  how  they  open,  number  and  arrangement  of  seeds 
and  how  released. 

Vegetables.— Onion,  potato,  turnip,  squash,  cabbage,  pumpkin.  Study  size,  sliapp, 
where  they  grow,  how  gathered  and  how  preserved  for  winter. 

Domestic  Animals.— Horse,  cow,  sheep,  goat,  hog.  Study  these  as  to  size,  color, 
covering,  food,  means  of  defense,  and  uses  to  man. 


129 

Domestic  Fowls.— Chicken.,  turkey,  goose,  duck,  guinea,  pigeon.  Study  these  as 
to  where  they  live,  food;  compare  as  to  feet  and  beaks  or  bills;  how  used  by  man. 

Geography.— Continue  the  daily  observations  as  in  First  Quarter.  Note  changes  in 
length  of  day  and  night;  cooling  of  the  earth,  sighing  of  the  winds,  fading  of  leaves, 
formation  of  dew  and  frost.  Begin  to  teach  direction  and  distance. 

Literature.— Read  or  have  pupils  read  and  memorize  the  following:  "November," 
"The  Setting  Sun,"  "The  Chestnut  Burr,"  "The  Pigeon  House,"  "The  Squirrel's  Arith- 
metic," and  "The  Dance  of  The  Months." 

Third  Quarter:  Plant  Life.— Tell  pupils  how  to  prepare  sprouting  boxes  at 
home.  Get  them  to  plant  many  kinds  of  seeds  and  to  watch  the  growth  and  report 
results  to  class. 

Animal  Life.— Where  are  different  wild  animals  getting  their  food?  Study  the 
teeth  and  feet  of  cat,  dog,  cow,  horse,  rabbit  and  squirrel,  account  for  differences 
found. 

Physiology.— Make  a  special  study  of  the  skin  and  its  appendages— hair  and  nails— 
and  how  to  care  for  them.  What  to  eat  and  drink?  Why?  Kinds  of  foods  and 
drinks;  cautions  as  to  quantity  and  temperature  of  foods  and  drinks. 

Geography.— Show  by  series  of  experiments,  evaporation  and  formation  of  clouds, 
how  dew  and  frost  are  formed,  expansion  of  air,  water,  iron  by  heating;  illustrate 
the  siphon.  Name  a  half  dozen  things  that  may  be  bought  in  grocery  store  and  have 
children  find  out  where  produced.  Talk  about  the  countries  and  people  who  live  in 
each. 

Literature.— Have  pupils  read,  reproduce  and  finally  memorize  the  following: 
"The  Little  Artist,"  "The  Endless  Story,"  "Waiting  to  Grow,"  and  "Our  Heroes." 

Fourth  Quarter:  Plant  Life.-Hs.ve  pupils  report  changes  in  plants  which  they 
see.  Study  sprouting,  budding,  etc.,  and  the  conditions,  flow  of  sap,  growth  of  leaves 
and  flowers.  Study  leaves  and  flowers  to  name  parts. 

Animal  Life.—  Have  children  report  the  re-appearance  of  animals  in  spring.  Where 
have  insects  been?  Name  the  birds  as  they  come.  Where  nest  and  how  make  nests. 
Change  in  covering  of  horses,  cattle,  sheep,  etc. 

Geography. — Note  effects  of  freezing  and  thawing  on  the  roads,  on  the  farm  and 
along  the  streams.  Make  observations  as  to  sun,  moon  and  stars,  and  compare  records 
by  week  or  month.  Keep  record  of  rainy  and  clear  days. 

Literature.—  Use  following  selections  in  the  way  to  impress  other  lessons  and  to 
interest  the  children:  "Good-Night  and  Good  Morning,"  "The  Blue  Bell,"  "Birds' 
Nests,"  "Waiting  for  May"  and  "Pussy  Willow." 

Class   C.  Third   and   Fourth  Tears. 

First  Quarter:  Seeds.— Make  a  collection  of  the  seeds  of  fruits,  grains,  grasses, 
vegetables,  flowers  and  weeds  and  put  them  in  small  glass  bottles  properly  labeled. 
Study  them  as  to  size,  form,  parts,  uses,  value,  how  distributed,  etc. 

Flowers.— Golden  rod,  Spanish  needle,  gentian,  chrysanthemum,  aster,  etc.  Col- 
lect, beautify  the  school  room,  and  write  compositions  about  them. 

Insects.—  Take  the  same  as  selected  for  "Class  D"  and  study  as  to  structure  and 
function  of  the  parts— make  drawings. 

Birds.— Study  same  selections  as  in  "Class  D"  as  to  body,  beak  and  tongue,  eyes 
and  ears,  feet  and  legs,  wings  and  tail  and  the  adaptability  of  each  part  to  uses,  the 
different  colored  dresses,  etc. 

Geography  and  Field  Lessons.— Study  a  stream  and  develop  ideas  of  source,  mouth, 
banks,  course,  slope,  bed  current,  velocity,  sand-bars,  peninsula,  isthmus,  cape,  bay, 
island,  etc.  Study  a  pond  and  a  hill  in  somewhat  the  same  way  as  the  stream — make 
map,  to  accurate  measurement  and  scale,  of  school  yard  or  other  selected  plat  of 
land. 

Soils:  Collect  in  glass  jars  loam,  clay,  sand,  gravel:  Compare  as  to  weight,  col- 
or and  hardness;  show  effect  of  water  on  each;  how  each  is  formed;  what  animals 

S   L— 9 


130 

in  the  soil;  what  they  are  there  for.    Study  earth-worm,  cut-worm,  wire-worm,  army- 
worm,  and  various  kinds  of  bugs,  and  their  connection  with  soils  and  crops. 

The  Orchard:  Kind  of  fruit  adapted  to  locality,  climate  and  soil  considered— how 
planted,  how  cared  for;  insects  of  the  orchard,  the  borer,  the  louse,  the  aphis,  cater- 
pillars and  moths;  diseases  of  fruit  trees  and  how  to  prevent  them— the  enemies  and 
friends  of  fruit  trees. 

Literature.— Do  not  fail  to  make  every  lesson  in  the  third  reader  bearing  on  the 
above  subjects,  help  to  teach  the  lesson.  Classify  the  lessons  of  the  reader  and  use 
them  at  the  time  they  will  be  most  helpful.  Study  every  lesson  in  the  reader  as  a 
lesson  in  literature.  Pupils  should  do  more  than  learn  to  read.  They  should  "read 
to  learn." 

Second  Quarter:  Seed  Vessels:— Make  a  collection  of  seed  pods  of  various  kinds, 
acorn  cups,  nut  hulls  (hickory,  hazel,  walnut,  pecan),  chestnut  burrs,  etc.  Study  as 
to  form,  size,  use,  number  of  parts,  how  they  open,  cause  of  opening,  number  of  seeds 
or  nuts  and  arrangement  in  the  vessel. 

Fruits:— Winter  fruits;  how  gathered,   stored  and  preserved  for  winter  use. 

Quadrupeds.— Mouse,  rat,  rabbit,  squirrel,  fox,  raccoon,  oppossum,  mink,  beaver, 
study  as  to  where  they  live;  food,  how  procured;  which  ones  store  food  for  winter 
use  and  how  useful  to  man. 

Fowls.— Study  same  selections  as  in  Class  D,  comparing  wild  species  of  turkey, 
goose,  duck,  pigeon  and  chicken,  with  the  tame,  as  to  size,  color,  where  they  live 
and  food. 

Ideas  of  Distance. — Using  rulers,  measure  distances  from  bench  to  wall,  width 
of  door,  length  of  desk;  extend  this  work  to  yard,  guess  and  measure  distance  from 
home  to  school,  to  church,  to  mill,  to  postoffice. 

Map  Drawing.— Draw  map  of  room,  grounds,  pastures  and  farms,  locating  various 
objects. 

Agriculture.— Study  soil  as  adapted  to  growth  of  different  kinds  of  trees,  grains, 
grasses  and  vegetables.  Preparation  of  ground  for  planting  different  seeds. 

Orchard.— Tree  planting,  preparation  of  ground,  how  to  plant,  when,  how  to  cul- 
tivate and  prune. 

Literature.— After  a  careful  study  of  these  for  the  purpose  of  clearly  understand- 
ing them,  have  pupils  read,  memorize  and  recite  them,  showing  their  relation  to  the 
nature  lessons  as  already  given:  "Squirrel,"  "Oak  Tree."  "Rabbits,"  "Down  to 
Sleep,"  "A  November  Good-Night,"  "The  First  Snow  Fall,"  "The  Raccoon"  and 
"The  Gossip  of  the  Nuts." 

Fourth  Quarter:  Plant  Life.— Study  trees  of  the  locality,  their  budding,  blooming, 
etc.  Study  flowers  as  to  parts.  Familiarize  pupils  with  a  large  range  of  native 
flowers  as  to  their  names,  differences  and  habitat. 

Animal  Life. — Tadpoles,  frogs,  crawfish;  the  insects  of  the  season  and  where  they 
come  from.  Make  lists  of  birds  of  the  locality  and  study  their  structure  and  habits. 

Geography. — In  the  spring  months  is  good  time  to  take  the  children  to  nature  to 
study  different  earthy  formations  and  to  study  changes  in  weather  and  the  effects  on 
all  nature.  Study  climate— its  causes  and  effects. 

Before  leaving  this  work  and  before  pupils  enter  next  class  to  take  up  the  larger 
geography,  they  should  be  made  familiar  with  all  that  is  given  in  the  elementary 
text  on  geography.  A  good  teacher  who  is  thoroughly  interested  in  this  subject 
will  do  it  without  a  text  in  the  hand  of  pupils. 

Agriculture.—  Study  the  garden  more  especially;  preparation  for  planting  different 
kinds  of  garden  products,  when  to  plant,  etc.  Study  flowers  and  how  to  care  for 
them;  house  plants,  yard  or  garden  flowers.  Discuss  plowing,  sowing  seeds,  and  corn 
planting.  What  to  be  done  for  the  fruit  trees,  etc.  Study  effects  of  rain. 

Literature.—  This  is  the  season  of  all  seasons  for  fine  poetry.  Study  and  memor- 
ize as  much  as  possible:  "Spring,"  "Learn  a  Little  Every  Day,"  "The  Little  Brown 
Seed,"  "The  Bluebird,"  "The  Sunbeams,"  and  "The  Yellow  Violet." 


GEOGRAPHY. 

Class  B.  Rand-McNally  Grammar  School.  Fifth  Year. 

First  Quarter:  To  "Gravity,"  page  19.— The  earth  as  a  whole.  Study  the  earth 
as  a  whole  by  means  of  a  globe  and  a  map;  its  motions  and  their  results;  divisions 
into  zones  with  their  characteristics;  general  divisions  of  land  and  water  with 
names  and  map  representations;  hemispheres  with  map  questions.  Lead  pupils  to 
do  much  observation  work  and  verify  by  the  book. 

Second  Quarter:  To  page  43.— Following  the  plan  of  the  book,  study  gravity,  the 
atmosphere,  weather,  the  ocean,  circulation  of  moisture,  life,  occupations,  religion  and 
government,  adaptation  of  the  earth  to  the  life  of  man,  isotherms.  Keep  up  observa- 
tions. Using  the  following  outline,  study  North  America,:  1.  Boundary.  2.  Coast 
lines— Direction,  regularity,  indentations  and  projections.  3.  Surface— Mountains 
plateaus,  valleys.  4.  Rivers  and  lakes.  5.  Cities— Location,  occupations.  6.  Islands. 
7  Climate— ?.roisture,  prevailing  winds,  temperature.  8.  Productions— Animal,  plant, 
mineral.  9.  Political  divisions.  10.  Great  historical  events  or  movements  connected 
with  places  studied.  Carpenter's  "North  America"  will  prove  invaluable  in  the  work 
of  this  quarter. 

Third  Quarter:  To  "Standard  Time,"  page  65.— The  United  States:  Rainfall, 
weather,  Atlantic  slope,  Appalachian  Mountains,  Mississippi  Valley,  Pacific  Highlands, 
population,  government,  cities,  commerce,  public  lands  and  survey  systems.  Teach 
land  platting,  locating  and  numbering.  Be  sure  that  the  idea  of  scale  is  thoroughly 
mastered. 

Fourth  Quarter:  To  "Pacific  States,"  page  87.— This  quarter  is  devoted  to  the 
study  of  sectional  divisions  of  the  United  States.  Read  text  and  study  maps  drawn 
by  pupils.  Lead  pupils  to  see  the  distinguishing  characteristics  of  soil,  climate,  pro- 
ductions and  people.  Associate  important  historical  events  with  places  studied. 

Class    B.  Sixth   Year. 

First  Quarter:  To  "Europe,"  page  110.— Complete  study  of  sections.  After  care- 
ful study  of  text  and  maps  have  pupils  make  topical  outlines  of  Alaska,  Canada,  New 
Foundland,  Mexico  and  the  Central  American  States.  Use  these  outlines  in  recitation. 
Draw  outline  map  of  South  America  and  fill  in  as  the  text  is  studied.  Give  final  re- 
view from  topical  outline  made  by  the  pupils.  Carpenter's  "South  America"  will  prove 
and  unfailing  source  of  interest  and  information  during  this  quarter.  The  stories  of 
discovery,  exploration,  settlement  and  development  of  the  South  American  States  will 
aid  greatly  in  interesting  pupils  in  the  study  of  this  country. 

Second  Quarter:  To  "Asia,"  page  129.— Study  Europe  as  a  whole,  following  the 
plan  for  the  study  of  North  America.  All  countries  of  Europe  are  not  of  equal  im- 
portance. To  Americans,  Great  Britain  is  of  most  importance,  and  then  come  France 
and  Germany.  The  great  danger  is  that  too  much  will  be  undertaken  under  the  im- 
pression that  the  more  places  one  can  name  and  locate  the  more  he  knows  of  geo- 
graphy. Be  thorough,  use  sand,  chalk  and  pencil  freely.  Read  and  discuss  the  great 
historic  movements  connected  with  the  places  studied.  Carpenter's  "Europe"  is  the 
book  to  supplement  the  work  of  this  quarter. 

Third  Quarter:  To  page  158.— Make  careful  study  of  grand  divisions  using  topical 
outline  as  given  for  study  of  North  America.  Lead  pupils  to  make  such  outlines  for 
use  in  recitation.  Carpenter's  "Asia"  will  guide  you  in  regard  to  what  is  important 
in  the  geography  of  Asia.  Asia  Minor,  Western  Asia,  Palestine,  and  the  valleys  of  the 
Tigris,  Euphrates  and  Ganges  teem  with  historic  interest.  The  teacher  should  not 
fail  to  take  advantage  of  this  opportunity. 

In  the  study  of  Africa  devote  most  of  the  time  to  a  study  of  the  coast  line,  sur- 
face, a  few  rivers,  the  countries  In  the  north,  (especially  Egypt),  the  countries  in  the 
south.  Connect  coast  line  with  civilization. 

Fourth  Quarter:  Complete  the  Book.— Devote  the  entire  quarter  to  the  study  of 
Missouri.  After  a  thorough  study  of  the  text  and  map,  have  pupils  make  a  complete 


132 

topical  outline  for  use  in  recitation.  Draw  outline  map  and  trace  principal  railroads 
and  the  course  of  the  larger  streams,  locate  mineral  producing  sections,  cities,  and 
large  towns.  Finally  draw  large  map,  lay  off  counties  and  locate  county  seats.  Sec- 
tionize  the  state  according  to  products.  Fix  geographic  fact  by  associating  history 
with  it. 

AGRICULTURE,  HORTICULTURE  AND  PHYSIOLOGY. 

The  three  outlines  are  given  together.  It  is  hoped  that  teachers  will  find  time  to 
give  pupils  all  of  this  work  in  the  two  years.  These  subjects  may  be  alternated  by 
giving  two  one  year  and  one  the  next,  with  a  review  of  the  two.  In  the  reference 
"Mumford"  means  that  the  University  of  Missouri  has  published  for  teachers  "Pub- 
lic School  Bulletins."  Nos.  2,  4,  6  and  8,  prepared  by  Prof.  Mumford,  entitled  "Prin- 
ciples of  Plant  Production."  "Whitten"  means  that  a  similar  series,  Nos.  3,  5  and  7, 
prepared  by  Prof.  Whitten,  entitled  "The  Principles  of  Horticulture."  "Howard" 
means  a  bulletin,  No.  9,  by  Prof.  Howard  on  "Principles  of  Plant  Propagation." 
These  can  be  had  by  addressing  the  Dean  of  the  Agricultural  College,  Columbia,  Mo. 
Every  teacher  in  the  rural  schools  should  procure  these  bulletins  as  fast  as  issued. 
"Baldwin"  means  the  adopted  text  entitled  "Essential  Lessons  in  Human  Physiol- 
ogy." 

Class  A.  Seventh  or  Eighth  Year. 

First  Quarter:  Agriculture.—  The  Seed.— Germination  of  the  seed;  germinative  pro- 
cesses; vitality,  heat  moisture  and  air  are  the  conditions  of  germination.  The  vitality 
of  seeds  is  influenced  by  age,  size,  color,  climate,  methods  of  preservation,  etc.  Se- 
lection of  seeds,  methods  of  selecting  corn,  wheat,  oats  and  other  farm  seeds.  Test- 
ing seeds;  importance  of  securing  pure,  viable  seeds  of  large  size  that  will  germinate 
quickly  and  strongly.  No.  2.— The  Seed.— Mumford. 

Horticulture.— Date  of  ripening  of  various  fruits,  apples,  pears,  peaches,  plums, 
grapes,  etc.,  as  indicated  by  color  of  fruit,  juiciness  and  mellowness  of  pulp,  color  of 
seeds,  etc.;  how  many  seeds  in  each  fruit,  and  how  arranged;  date  of  leaf  shedding, 
falling  of  first  leaf,  date  of  first  killing  frost  which  kills  leaves,  shedding  of  last  leaf; 
position  of  leaves  and  fruit  on  the  tree,  whether  on  the  short  twigs  in  the  body  of 
the  tree  or  on  long  whips  of  new  growth  at  the  extremity  of  the  limbs.  No.  3,  Whitten. 

Physiology.— Chapter  I  to  V.— Bones,  the  skeleton,  the  Joints,  the  muscles,  their 
care  and  development.  Baldwin. 

Second  Quarter:  Agriculture.—  The  Plant.— Plants  require  heat,  moisture,  light  and 
plant  food  for  their  growth  and  development.  Heat  and  light  are  supplied  directly 
by  the  sun's  rays  but  the  character  of  the  soil  may  greatly  modify  the  amount  of 
these  available  for  plants.  Plant  food  is  secured  from  the  air  and  from  the  soil.  The 
application  of  plant  food  in  the  form  of  fertilizers.  Plant  structure— the  vegetative  or- 
gans, the  root,  stem  and  leaves.  The  reproductive  organs— the  flower  and  fruit.  No. 
4.  Mumford. 

Horticulture.— Study  of  twigs  of  fruit  trees  and  forest  trees  in  their  -winter  con- 
dition; arrangement  of  buds,  leaf  scars  and  fruit  scars  on  twigs,  fruit  buds  and  wood 
buds,  color  of  bark,  lenticels,  annual  rings,  etc.;  stratification  of  seeds  preparatory  to 
spring  planting.  No.  5,  Whitten. 

Physiology.— Chapters  VI.  to  X.— The  blood,  the  organs  of  circulation  and  the  cir- 
culation, the  organs  of  respiration,  and  respiration.  Baldwin. 

Third  Quarter:  Agriculture. — Farm  crops — classification  according  to  their  agri- 
cultural uses  into  cereals,  grasses,  clovers,  tubers,  sugar  plants,  fiber  aud  miscella- 
neous plants.  History,  botanical  characteristics,  uses  and  habitat  of  farm  plants. 
Special  study  of  methods  of  planting,  cultivating  and  harvesting  corn,  wheat,  oats. 
clover,  cow  peas,  alfalfa,  grasses,  potatoes  and  other  miscellaneous  crops.  No.  6, 
Mumford. 

Horticulture. — Farther  studies  of  buds  of  fruit  trees  and  forest  trees  in  developing 
in  vases  of  water  indoors;  differences  between  leaf  or  wood  buds  and  fruit  buds, 
number  of  flowers  in  each  fruit  bud,  etc.  No.  7,  Whitten. 


133 

Physiology.— Chapters  XI.  to  XV.— Food  and  drink,  chewing  and  swallowing,  di- 
gestion in  the  stomach,  in  the  intestines,  the  skin.  Baldwin. 

Fourth  Quarter:  Agriculture.— The  soil— origin,  formation  and  distribution  of 
soils.  Chemical  and  physical  properties  of  soil.  Relation  of  air,  heat  and  moisture 
to  soil  fertility.  Tillage— its  object,  methods  and  results.  The  principle  of  farm  drain- 
age. No.  8,  Mumford. 

Horticulture.— Gardening;  making  cuttings,  planting  seeds,  planting  school  grounds, 
transplanting  vines,  shrubs,  trees  and  wild  flowers  as  they  appear.  No.  1,  Howard. 

Physiology.— Chapters  XVI.  to  XX.— Clothing,  the  nervous  system,  seeing,  hearing, 
smelling,  tasting,  feeling,  cases  of  emergency.  Baldwin. 

CULTURE  STUDIES. 
Literature  and  History. 

The  plan  and  scope  of  literature  and  history  as  branches  of  study  have  material- 
ly changed  in  recent  years.  Instead  of  occupying,  as  they  once  did,  a  small  part  of 
the  last  two  years  of  the  elementary  school  course,  they  are  now  begun  the  first  years 
in  our  best  schools  and  carried  throughout  the  course;  and  they  have  become  power- 
ful means  of  culture. 

Theoretically,  perhaps,  it  may  be  difficult  tu  tell  just  when  the  child's  intellect  is 
so  well  developed  that  he  can  pursue  to  the  best  advantage  such  studies  as  literature 
and  history.  It  is  also  difficult  to  determine  the  amount  and  character  of  work  that 
should  be  undertaken.  Certainly  the  earlier  work  in  literature  must  be  that  relating 
to  nature,  or  to  man  in  his  relations  to  nature,  because  children  can  best  understand 
and  appreciate  literature  of  this  character. 

It  is  very  important  to  catch  the  interest  of  the  child  at  an  early  age;  this  is 
especially  true  in  the  study  of  history.  From  the  first  the  purpose  of  culture  studies 
should  be  to  inspire  pupils  with  high  ideals  of  life,  both  as  citizens  and  as  members 
ol  society.  To  arouse  the  right  sort  of  interest  these  subjects  must  be  introduced  in 
an  interesting  way.  Myths,  fables,  fairy  stories,  biographies  and  stories  of  pioneer 
and  colonial  life  should  be  told  to,  read  to,  and  read  by,  the  pupils  of  primary  grades. 
History  is  the  record  and  literature  the  evidence  of  the  growth  of  a  people  from  their 
earliest  state;  and  they  must  contain  myth,  legend,  biography,  song  and  story,  the 
simpler  forms  of  which  are  full  of  interest  to  all. 

The  purposes  of  this  course  are  to  cause  the  pupil  to  love  good  literature,  to 
fill  him  with  high  ideals,  to  cultivate  his  imagination,  judgment  and  memory,  to  form 
in  him  the  reading  habit  and  to  fit  him  for  a  more  extensive  and  critical  study  of  liter- 
ature and  history.  This  course  may  be  alternated  with  the  course  in  Nature  Study. 

It  is  recommended  that  the  members  of  the  class  be  supplied  with  the  books 
starred,  and  that  one  or  more  copies  of  the  others  be  placed  in  the  library  for  the  use 
of  all.  It  will  be  noted  that  the  starred  books  are  inexpensive,  being  of  the  5c  and 
lOc  classic  editions.  This  is  a  minimum  course.  Many  schools  will  do  twice  this 
amount.  Make  every  child  thoroughly  acquainted  with  all  of  the  following: 

Class  D.  First  and  Second  Tears. 

Literature.— ""'Aesop's  Fables,"  Vol.  1.;  ""'Legends  of  Springtime,"  Vol.  1.;  "Fairy 
Stories  and  FaUles,"  Baldwin;  "Classic  Stories  for  Little  Ones,"  McMurray. 

History.—*" Story  of  the  Norsemen";  *"Story  of  Columbus";  "Stories  of  Great 
Men,"  Davis;  "Fifty  Famous  Stories  Retold,"  Baldwin. 

Class  C.  Third  and  Fourth  Years. 

Literature.— *"King  of  the  Golden  River;"  ""'Legends  of  Springtime,"  Vol.  2; 
"Little  Jarvis,"  Seawell;  "Braided  Straws,"  Foulke;  "In  Mythland,"  Beckwith;  "Hia- 
watha the  Indian,"  Booher. 

History.— *"Story  of  Franklin;"  *"Story  of  Lincoln;"  "Stories  of  Great  Americans 
for  Little  Americans,"  Eggleston;  "Old  Stories  of  the  East,"  Baldwin. 

Class  B.  Fifth  and  Sixth  Years. 

Literature. — ""'Legends  of  Sleepy  Hollow;"  *"Evangeline;"  "Stories  of  Old  Ger- 
many," Pratt;  "Stories  of  Long  Ago,"  Kupfer. 


134 

History.—* "Story  of  the  Pilgrims;"  *"Eli  Whitney;"  "Story  of  the  Chosen  Peo- 
ple," Guerber;  "Stories  of  Old  Rome,"  Pratt;  "Pioneer  Stories  of  Mississippi  Val- 
ley," McMurray;  "Stories  from  English  History,"  Blaisdell. 

Class  A.  Seventh  and  Eighth  Years. 

Literature.—  ""'Hiawatha ;"  *Merchant  of  Venice;"  "Vision  of  Sir  Launfal,"  Low- 
ell; "Silas  Marner,"  Eliot. 

History.— *"Life  of  Washington;"  *"Paul  Jones;"  "Story  of, the  English,"  Guer- 
ber; "Four  American  Patriots,"  Burton;  "Twelve  Naval  Captains,"  Seawell; 
"Stories  of  the  Ancients,"  Church. 

UNITED  STATES  HISTORY. 

Suggestions  to  teachers:  The  seventh  and  eighth  years  are  to  be  devoted  to  the 
study  of  the  history  of  the  United  States  and  of  Missouri,  and  to  the  study  of  the 
fundamental  principles  of  state  and  federal  government. 

Study  history  by  topics  rather  than  by  texts.  Give  pupils  access  to  as  many  his- 
tories and  historical  readers  as  possible.  Many  such  books  should  be  in  the  school  li- 
brary. Copies  of  old  readers  containing  historic  selections  will  be  found  very  useful. 
The  teacher  may  establish  a  good  working  library  for  the  use  of  a  class  in  history, 
by  asking  pupils,  patrons  and  friends  to  donate  or  lend  such  suitable  books  as  they 
possess.  The  wise,  industrious,  enthusiastic  teacher  will  never  have  a  dull  class  in 
United  States  history.  The  outline  here  given  is  meant  to  be  suggestive.  Nearly  every 
text  is  outlined  by  topics.  Study  related  events  rather  than  dates.  Explain  all  allu- 
sions to  history,  science  and  literature  and  have  choice  collateral  literary  selections 
memorized  and  recited.  Develop  the  biographies  of  leaders  in  historic  movements. 
Dwell  on  good  deeds— the  lives  of  good  men.  Study  current  events  and  give  programs 
on  noted  historic  days.  Emphasize  the  study  of  the  geographic  features  of  the  various 
places  mentioned.  The  philosophy  of  a  country's  history  can  often  be  read  in  its 
geography.  Use  maps  freely.  The  purpose  in  the  study  of  history  is  to  lead  our  boys 
and  girls  to  love  this  great  country  and  to  read  her  history  with  interest  and  profit. 

Seventh  Yoar. 

First  Quarter :  To  New  England  Union,  1643. — Preparatory. — Trace  commercial 
routes  connecting  Europe,  Asia,  and  Africa.  Give  carefully  prepared  talks  on  the 
Crusades,  Marco  Polo,  the  Northmen,  printing  press,  the  reformation,  revival  of 
learning.  Direct  pupils  in  obtaining  information  regarding,  commercial  activity  of 
Western  Europe;  social,  political  and  religious  conditions  of  Europe;  Columbus'  prepar- 
ation; rivalry  between  Spain  and  Portugal. 

Discoveries  and  Explorations  by  Spain,  by  England,  by  France,  by  Holland.  Effect 
on  the  Old  World. 

Permanent  Settlements:  Virginia,  New  York,  Massachusetts,  New  Hampshire. 
Connecticut,  Maryland,  Rhode  Island,  Deleware.  Puritan  and  Cavalier,  the  town 
meeting,  House  of  Burgesses,  religious  intolerance,  founding  schools,  Mason  and  Dix- 
on's  line,  liberty  of  conscience,  New  England  Union.  Study  lives  of:  Columbus,  The 
Cabots,  DeSoto,  Pizarro,  Cortez,  Raleigh,  Champlain,  Hudson,  John  Smith,  Bacon, 
Roger  Williams,  Anne  Hutchinson,  Peter  Stuyvesant,  Wm.  Penn,  Lord  Baltimore, 
and  others.  Study  maps.  Locate:  Labrador,  San  Salvador,  Florida,  Newport,  James- 
town, Plymouth,  Salem,  Manhattan,  Hartford,  Philadelphia,  Charleston,  Pittsburg 
and  Trenton.  Read:  "Landing  of  the  Pilgrims,"  "Columbus'  Dream,"  "Supposed 
Speech  of  an  Indian  Chief,"  "Ponce  De  Leon,"  "Pocahontas"  and  other  selection* 
bearing  on  this  period. 

Second  Quarter  :     To  Close  of  Revolutionary  War. — 

Permanent  settlements,  continued:  The  Carolinas,  New  Jersey,  Pennsylvania. 
Georgia.  Locke's  feudal  system,  restrictive  laws  in  Georgia,  popular  government 
in  Pennsylvania. 

Territorial  claims:    By  Spain,  by  England,  by  France,  by  Holland. 

Inter-colonial  wars:    William's,    Anne's,    George's,    French   and   Indian. 


Revolution:  Causes,  Independence,  struggle  for  New  York,  Boston  and  Phila- 
delphia, capture  of  Cornwallis. 

Study  lives  of:  Washington,  Dinwiddie,  Wolf,  Patrick  Henry,  Richard  Henry 
Lee,  Jefferson,  Hamilton,  Adams,  Greene,  Lafayette,  and  others. 

Use  the  maps  freely.    Locate  every  place  of  historical  importance. 

Read:  "Paul  Revere's  Ride,"  "Grand-mother's  Story  of  the  Battle  of  Bunker 
Hill,"  "Supposed  Speech  of  James  Otis,"  "The  Rising  of  '76,"  "The  Capture  of  Andre," 
"Marion's  Men,"  and  others. 

Third  Quarter  :     To  Breaking  Out  of  the  Civil  War. — 

Articles  of  Confederation-.— Weakness  of  the  government.  Ordinance  of  1787.  Form- 
ing the  constitution.  Ratification  by  the  people.  Transfer  of  the  government  frrun 
Articles  of  Confederation  to  Constitution. 

The  Constitution.— Problems:  Land  claims,  diplomatic  relations,  debts,  Indian 
troubles.  Beginning  of  political  parties.  Jay  treaty.  Alien  and  sedition  laws.  Elec- 
tion of  Jefferson.  French  cession  of  Louisiana  to  Spain.  Recession  of  Louisiana  to 
France.  Purchase.  Lewis  and  Clark  expedition.  Embargo.  Fulton. 

Second  tear  with  England.— Cause  and  result. 

The  era  of  good  feeling. 

The  rise  of  the  Democratic  Party.— Tariff,  laws  of  1828.  Jackson.  Spoils  system. 
U.  S.  bank.  Van  Buren.  Crisis  of  1S37.  Sub-treasury  scheme. 

Slavery  agitation.— Wilmot  Proviso.  Fugitive  slave  law.  Squatter  sovereignty. 
Dred  Scott  decision.  John  Brown.  Secession. 

Study  lives  of:  Madison,  Jackson,  Fulton,  Daniel  Boone,  Gen.  Taylor,  Sam 
Houston,  S.  F.  B.  Morse,  and  others. 

Sing:  "America,"  "Battle  Hymn  of  the  Republic,"  "The  Red,  White  and  Blue," 
"The  Star  Spangled  Banner,"  "Centennial  Hymn,"  "A  Ballad  of  Manila  Bay,"  and 
other  patriotic  songs. 

Do  not  fail  to  use  the  maps.  Use  wall  maps,  also,  drill  on  ,the  location  of  every 
pla'ce  mentioned  in  the  text. 

Fourth  Quarter  :     To  the  Present  Time. — 

The  Civil  war.— Causes.  Plans  of  campaigns.  Foreign  relations.  Close.  Recon- 
struction. Recent  history.  Review. 

Keep  up  study  of  biography.    Lead  pupils  to  do  much  collateral  reading. 

CIVIL  GOVERNMENT  AND  HISTORY  OF  MISSOURI.     EIGHTH  YEAR. 
First  Quarter. — Civil  Government  of  the  United  States.     Chapters  I.  to  X. 

General    Principles  and  Declaration   of   Independence ;   Charter   and   Colonial   Govern- 
ments;  The  Rise  of  the  American  Union;  The  Fundamental  Law;  The  Legislative  Depart- 
ment ;  Powers  of  Taxation  ;   Power  to  Borrow  Money ;  Powers  over  Commerce ;  Naturali- 
zation and  Bankruptcies  ;  Coinage,  Weights  and  Measures. 
Second  Quarter. — Civil  Government  of  the  United  States.     Chapters  XI.  to  XX. 

War,   Insurrection,   Armies,   Navies   and  Militia ;   Miscellaneous   Powers   of  Congress ; 
Powers  Denied  to  the  United  States ;  Powers  Denied  to  the  States ;   President  and  Vice- 
president ;    Executive   Departments;    Judicial    Department;   The    States   and   the   Federal 
Government ;   Supremacy  of  the  Constitution  ;  Amendments  to  Constitution. 
Third  Quarter. — Civil   Government  .of  Missouri.     Chapters  I.  to  XI. 

General     Divisions ;   The    Constitution ;    State   Officers ;    The    General   Assembly ;   The 
Courts;  Counties;  Congressional  Townships;  Cities,  Towns  and  Villages;  Public  Schools; 
Elections  ;  Eleemosynary  and  Penal  Institutions. 
Fourth  Quarter. — History  of  Missouri.     Chapters  I.  to  XXIV. 

Part  I.     French  and  Spanish  Period:     Discoveries;  First  Settlements;  Spanish  Rule. 

Part  II.  Territorial  Period  :  The  Louisiana  Purchase ;  Missouri's  First  Years  as  a 
Territory ;  I^xploring  Expeditions ;  New  Madrid  Earthquake ;  Other  Settlements. 

Part  III.  Missouri  as  a  State  :  Admission  of  Missouri  into  the  Union ;  First  Years 
as  a  State;  Bates  and  Miller,  1824-32;  Governor  Dunklin's  Administration,  1832-36;  Gov- 


136 


ernor  Boggs  and  Mormon  Troubles  ;  Governors  Reynolds  and  Marmaduke ;  Governors  Ed- 
wards and  King;  Benton  and  the  Jackson  Resolutions;  From  1852  to  1860;  The  Election 
of  1860;  First  Month  of  1861;  The  Convention  Against  Secession;  The  Arsenal  and  Camp 
Jackson  ;  Boonville,  Carthage  and  Cowskin  Prairie ;  Battle  of  Wilson's  Creek ;  The  Last 
Month  of  1861 ;  Events  of  1862  ;  Principal  Events  of  1863  and  1864  ;  The  Administration 
of  Governor  Fletcher ;  McClurg's  Administration  ;  The  Administration  of  Governor  Brown ; 
Governors  Woodson  and  Hardin ;  From  1877  to  1892  ;  From  1892  to  the  Present  Time. 

N.  B. — For  Collateral  readings  on  civil  government  and  History  of  Missouri,  see  lists 
in  the  text  recommended  by  the  author. 

LIBRARY  AND  SUPPLEMENTARY  BOOKS. 

The  following  list  of  five,  ten  and  fifteen  cent  classics  are  referred  to  in  the  course  of 
study  and  should  be  put  into  every  school.  Every  child  should  have  the  use  of  one  copy 
and  own  it  if  possible.  The  entire  list  will  cost  about  $1.40  if  purchased  at  one  time  from 
A.  C.  McClurg,  Chicago: 

Aesop's  Fables,  I.  and  II.,  "Legends  of  Springtime,"  Vols.  I.  and  II.,  "Story  of  the 
Norsemen,"  "Story  of  Columbus,"  "King  of  the  Golden  River,"  "Story  of  Franklin,"  "Story 
of  Lincoln,"  "Legends  of  Sleepy  Hollow,"  "Evangeline,"  "Story  of  the  Pilgrims,"  "Eli 
Whitney,"  "Hiawatha,"  "Merchant  of  Venice,"  "Life  of  Washington,"  "Paul  Jones,"  "Audu- 
bon,"  "Three  Golden  Apples,"  "Thanatopsis,"  "Columbus,"  "Lincoln,"  "Vision  of  Sir  Laun- 
fal,"  "Rip  Van  Winkle,"  "Jefferson,"  "Madison,"  "Hamilton,"  "Silas  Marner,"  "Sketch 
Book,"  "Snow  Bound." 

The  following  thirty-three  (33)  volumes  are  necessary  to  the  complete  carrying  out  of 
the  rural  course  of  study.  Every  school  district  should  own  them.  They  are  taken  from 
the  list  of  books  selected  by  the  State  Library  Board  and  should  be  bought  first.  For 
other  books  see  "Library  List"  issued  in  1901  : 

"Hiawatha  Primer,"  Holbrook,  34c ;  "Second  Reader,"  Cyr,  30c  ;"Robinson  Crusoe," 
DeFoe,  22c ;  "Ten  Boys,"  Andrews,  42c ;  "Story  of  Ulysses,"  Cook,  32c ;  "Nature  in  Verse," 
Lovejoy,  50c ;  "Geographical  Reader,  North  America,"  Carpenter,  49c ;  "Geographical 
Reader,  South  America,"  Carpenter,  49c ;  "Geographical  Reader,  Asia,"  Carpenter,  49c ; 
"Geographical  Reader,  Europe,"  Carpenter,  49c ;  "Story  of  the  English,"  Guerber,  53c ; 
"Four  American  Patriots,"  Burton,  38c ;  "Twelve  Naval  Captains,"  Seawell,  50c ;  "Stories 
of  the  Ancients,"  Church,  84c ;  "Fairy  Stories  and  Fables,"  Baldwin,  29c ;  "Classic  Stories 
for  Little  Ones,"  McMurray,  24c ;  "Fiftfy  Famous  Stories  Retold,"  Baldwin,  29c ;  "Stories 
of  Great  Men,"  Vol.  I.,  Davis,  22c ;  "Little  Jarvis,"  Seawell,  67c ;  "Braided  Straws," 
Foulke,  33c ;  "In  Mythland,"  Beckwith,  22c ;  "Hiawatha,  the  Indian,"  Booher,  22c;  "Stories 
ol  Great  Americans  for  Little  Americans,"  Eggleston,  33c ;  "Old  Stories  of  the  East," 
Baldwin,  37c ;  "Stories  of  Old  Germany,"  Pratt,  29c ;  "Stories  of  Long  Ago,"  Kupfer,  26c ; 
"Story  of  the  Chosen  People,"  Guerber,  49c ;  "Stories  of  Old  Rome,"  Pratt,  29c ;  "Pioneer 
Stories  of  the  Mississippi  Valley,"  McMurray,  40c ;  "Stories  from  the  English  History,' 
Blaisdell,  33c;  "Heart  of  Oak,"  Book  III.,  Norton,  39c ;  "Heart  of  Oak,"  Book  IV.,  Norton, 
44c ;  "Homer's  Stories  for  School  and  Home,"  Hall,  50c.  Total  cost  of  the  33  volumes, 
$12.88. 


137 


COURSE  OF  STUDY  FOR   HIGH  SCHOOLS 

AND  CONDITIONS  FOR  APPROVAL. 


The  general  assembly  in  1903  authorized  the  state  superintendent  to  classify  high 
schools  and  prescribe  minimum  requirements  (see  law  pp  82  and  83,  revised  edition  of 
1903).  Requirements  and  conditions  are  given  as  follows: 

REQUIREMENTS    FOR   THIRD    CLASS    (TWO    YEARS)    HIGH    SCHOOLS. 

English    2  units. 

Mathematics       2  units. 

History   • 1  unit. 

Science    1  unit. 

Electives   2  units. 

In    all 8  units. 

The  electives  may  be  any  two  of  the  following :  Another  in  science,  another  in  his- 
tory, two  in  Latin,  one  in  review  of  arithmetic,  grammar  and  history,  two  in  business 
(book-keeping  and  commercial  arithmetic). 

REQUIREMENTS  FOR  SECOND  CLASS    (THREE  YEARS)   HIGH  SCHOOLS. 

English    3  units. 

Mathematics     3  units. 

History 2  units. 

Science    1  unit. 

Electives   .  .  .  3  units. 


In    all 12  units. 

The  electives  ma''y  be  any  three  of  the  following :  Another  in  history ;  two  others  in 
sciences ;  two  or  three  in  Latin,  two  in  German,  two  in  Greek ;  one  in  reviews ;  two  in 
business. 

REQUIREMENTS  FOR   FIRST   CLASS    (FOUR  YEARS)    HIGH   SCHOOLS. 

English    3  units. 

Mathematics     3  units. 

History    2  units. 

Science    2  units. 

Electives     , 6  units. 


In    all 16  units. 

The  electives  may  be  any  six  of  the  following :  Another  in  English  ;  another  in  math- 
ematics ;  two  others  in  history ;  two  others  in  science ;  from  two  to  four  in  Latin ;  two  or 
three  in  German ;  two  or  three  in  Greek ;  one  in  reviews ;  two  in  business. 

A  unit  is  one  year's  work  in  one  subject  five  (5)  periods  a  week,  or  a  half  year's  work 
in  each  of  two  subjects.  Every  subject  should  be  studied  for  an  entire  year,  except  in  a 
few  cases  presented  in  the  outline. 

A  period  is  not  less  than  forty  (40)  minutes  devoted  to  actual  recitation.  In  ad- 
dition to  time  given  in  study  of  the  text  and  in  recitations,  every  pupil  in  science  should 
give  five  (5)  periods  a  week  to  the  laboratory  work  and  in  history  and  literature  five 
periods  to  the  library  for  collateral  reading  and  in  preparing  written  reports  on  work  as- 
signed. 

Below  are  given  lines  of  work  from  which  all  courses  in  high  schools  should  be  made. 
The  figures  indicate  the  years  of  the  high  school  course  the  subject  should  be  studied. 


138 


By  a  proper  system  of  alternation  programs  may  be  changed  from  year  to  year  so  as  to 
offer  pupils  sixteen  units  in  a  program  of  twelve  recitations ;  or  twelve  units  in  a  pro- 
gram of  nine  recitations.  Except  where  alternation  is  indicated  the  several  branches 
should  be  taken  up  in  the  order  as  numbered. 

I.  English: — (1)  At  least  four  complete  classics,  mainly  descriptions,  should  be  made 
the  basis  of  the  first  year's  work.  After  thorough  study  of  each  as  literature,  correlate 
it.  with  the  composition  and  technical  work.  Make  a  careful  study  of  words,  of  figures 
of  speech  and  of  construction  as  applied  to  sentences  and  paragraphs;  (2)  The  work  of 
the  second  year  should  differ  from  the  first  in  that  narration  and  exposition  should  take 
the  place  of  description  and  elements  of  style  should  be  emphasized  in  the  study  of  rhet- 
oric ;  (3)  The  third  year  should  be  devoted  to  the  study  of  the  oration  as  represented  by 
the  masterpieces  of  Webster  and  Burke  and  of  the  drama  as  represented  by  Shakespeare. 
Make  composition  and  rhetorical  work  prominent  and  require  much  collateral  reading. 
For  this  work  good  and  appropriate  references  are  absolutely  necessary ;  (4)  A  historic 
review  of  literature  and  of  literary  periods  should  be  given  along  with  a  more  critical  studiy 
of  poetry.  Composition  work  should  be  devoted  largely  to  exposition  and  argumentation. 
Einglish  should  constitute  one-fourth  of  every  day's  work  in  every  high  school,  hence  two 
units  in  English  are  required  for  a  third  class  high  school,  three  units  for  a  second  class, 
and  three  units,  four  if  possible,  for  a  first  class.  Three  days  each  week  should  be  given 
to  literature  and  the  other  two  to  composition  and  technical  work  in  word-building,  word- 
analysis,  grammar  and  rhetoric. 

II.  Mathematics: — (1).     Algebra  (Milne's  High  School)   to  p.  222;   (2  and  3)  Plane 
Geometry  and  Algebra  complete.    It  will  be  very  satisfactory  for  the  second  unit  (2)  to  con- 
sist of  Algebra  from  p.  222  to  p.  298,  followed  by  first  half  of  Plane  Geometry    and  for 
third  unit  (3)  to  consist  of  second  half  of  Plane  «eometry  followed  by  Algebra  (completed)  ; 
(4)  Solid  Geometry  and  Trigonometry   (half  unit  eacn). 

III.  History:—  (1)      Ancient  History;  (2)  Mediaeval  and  Modern  History;  (3  and  4) 
English  History  and  Government,  and  American  History  and  Government    (alternate). 

The  study  of  History  should  develop  the  conceptions  of  historical  unity  and  growth, 
hence  history  should  be  continued  through  several  years,  one  period  succeeding  another  in 
natural  order.  The  arbitrary  selection  of  periods  of  history  for  study,  and  the  breaks 
which  occur  in  the  study  of  closely  related  periods  prevent  the  pupils  from  acquiring  "the 
habit  of  considering  what  has  been,  when  they  discuss  what  is  or  what  should  be."  In 
order  that  this  historical-mindedness  may  be  developed  it  is  essential  that  the  study  ot 
history  should  be  continuous  throughout  the  secondary  school  course.  The  study  should 
begin  with  General  History  to  be  followed  in  succession  by  English  History  and  American 
History.  By  General  History  is  not  to  be  understood  a  one  year  course.  It  is  expected 
that  at  least  two  years  will  be  given  to  this  subject,  the  first  year  being  devoted  to  Ab- 
cient  History,  while  in  the  second  year  the  subject  is  continued  through  Mediaeval  and 
Modern  History. 

IV.  Science: — (1   and   2)      Alternate  Physical   Geography  with  Botany   or  with  Zo- 
ology, or  with  Botany  and  Zoology,  each  half  a  year;    (3  and  4)   Physics  and  Chemistry 
(alternate).     In  small  high  schools,  laboratories  may  be  equipped  for  units  1  and  2  with- 
out great  expense.     Equipment  for  units  3  and  4  will  be  more  expensive.     For  definite  in- 
formation  concerning   equipment   of   laboratories,   the   State  University   will   furnish   bul- 
letin giving  detailed  directions. 

V.  Latin: — (1)     Beginners;    (2)    Caesar    (five   books)    and    Prose    Composition;    (3 
and  4)   Cicero  (four  orations)  and  Virgil   (four  books). 

The  student  should  acquire  such  a  vocabulary  and  such  a  knowledge  of  inflections 
and  syntax  as  to  read  readily  simple  Latin  prose  with  accurate  quantitative  pronuncia- 
tion of  the  words.  He  should  be  carefully  trained  in  reading  Latin  aloud,  with  proper 
emphasis  and  expression,  and  in  rendering  Latin  into  choice,  idiomatic  English.  In  con- 
nection with  the  reading,  there  should  be  some  practice  in  writing  Latin,  and  frequent 
written  translations.  Especial  attention  should  be  paid  to  pronunciation  which  should 
show  not  only  an  accurate  knowledge  of  the  quantity  of  the  various  vowels  but  a  cleai 


139 

insight  into  the  meaning  of  the  sentence.  To  secure  this,  there  should  be  daily  practice 
in  reading  aloud.  Sight  reading  should  be  made  a  frequent  exercise.  The  "First  Latin 
Book"  must  be  thoroughly  done  or  the  pupil  will  never  do  Caesar  well.  No  one  who  has 
not  had  a  good  four  years'  training  in  Latin  should  undertake  to  teach  beginners  even. 

VI.  German: — (1)      Grammar  supplemented  by  the  reading  of  easy  prose  from  some 
good  reader,  followed  by  Storm's  Immense,  Volkmann's  Kleine  Geschichten,  or  the  equiv- 
alent.    Careful  attention  should  be  given  to  correct  pronunciation ;   (2)   First  half  of  Har- 
ris' Prose  Composition;  and  the  reading  of  Benedix's  Doktor  Wespe,  Frey tag's  Die  Journal- 
isten,  Schiller's  Wilhelm  Tell,  or  an  equivalent  amount;    (3)    Last  Half  of  Harris'  Prose 
Composition,  letter  writing,  sight  translation  and  the  reading  of  Schiller's  Maria  Stuart, 
Das  Lied  von  der  Glocke,  Goethe's  Goetz  von  Berlichingen,  Hermann  und  Dorothea,  Les- 
sing's  Minna  von  Barnhelm,  Emilia  Galotti ;  or  an  equivalent  amount. 

VII.  Greek: — (1)     Whiter  First  Greek  Book;    (2)    Goodwin's  Greek  Grammar,  Har- 
per and   Wallace's   Xenophon's   Anabasis    (three   books),   Harper   &   Castle's   Greek   Prose 
Composition;  (3)  Bristol's  Ten  Orations  of  Lysias,  Perrin  and  Seymour's  Homer's  Odyssey, 
Books   I-IV,    or   Winan's   Xenophon's   Memorabilia   of   Socrates,   and   Plato's   Apology  and 
Crito. 

VIII.  Miscellaneous: — (1)        Commercial  or  Higher  Arithmetic;    (2)    Book-keeping; 
(3)  Reviews  in  Arithmetic,  Grammar  and  United  States  History.  . 

There  are  twenty-nine  (29)  units  suggested  and  sixteen  required  in  a  first  class  high 
school,  six  of  these  being  electives.  In  small  high  schools  very  few  optional  subjects  can 
be  offered.  It  is  recommended  that  the  local  authorities  determine  which  of  the  elective 
units  they  will  offer  and  not  leave  a  very  wide  selection  to  pupils.  In  large  high  schools 
a  greater  number  of  optional  units  may  be  offered.  Foreign  languages  should  not  be 
undertaken  for  less  than  two  years.  Indeed  they  should  not  be  begun  unless  they  can  be 
pursued  to  the  end  of  the  course.  A  course  of  study  containing  few  subjects  pursued 
throughout  the  entire  high  school  has  many  advantages:  (1)  It  gives  excellent  train- 
ing, scholarship  and  discipline  in  a  given  subject;  (2)  It  makes  necessary  fewer  teachers 
or  makes  longer  courses  possible  with  a  given  teaching  corps ;  (3)  It  requires  a  smaller 
library  and  laboratory  equipment.  The  State  Superintendent  will  inspect  as  many  high 
schools  each  year  as  possible.  Before  a  school  can  be  approved  it  must  be  inspected  and 
meet  the  following  standards  of  excellence:  (1)  The  character  of  the  teaching  must  be 
satisfactory;  (2)  The  course  of  studty  must  meet  all  of  the  above  requirements;  (3) 
First  and  second  class  high  schools  must  have  nine  month  terms  and  a  third  class  eight 
month  terms;  (4)  There  must  be  at  least  three  teachers  devoting  their  entire  time  to 
high  school  work  in  a  first  class  high  school,  two  in  second  class  and  one  in  third  class ; 
(5)  A  library  adequate  to  meet  all  the  demands  for  reference  and  for  supplementing  the 
work  in  literature  and  history  (See  State  List  of  Library  Books)  ;  (6)  Laboratory  well 
equipped  for  each  science  taught  in  the  school ;  (7)  Every  teacher  must  have  special  -pre- 
paration for  the  work  assigned;  (8)  No  pupil  must  be  admitted  to  the  high  school  until 
ho  has  finished  creditably  all  the  work  of  the  common  school  course;  (9)  The  buildings 
and  rooms  must  be  well  adapted  to  their  respective  uses;  (10)  Every  teacher  must  be  a 
graduate  of  an  acceptable  normal  school,  college  or  university,  or  hold  a  state  certificate 
covering  the  subjects  he  teaches. 


INDEX 


APPORTIONMENT  OF  PUBLIC 

MOJNE1S —  Sec.   Page. 

errors,  now  corrected 9841  64 

how  made,  how  lost 5)840  63 

of  county  school   money 9842  65 

when    township    lies    in    two 

counties     9843  Go 

approved  summer  school 9969  88 

BLIND,  clerk  to  certify  names.  9770  29 

BONDS,  to  erect  school  house. .  9752  15 

funding,   refunding,  renewals.  9754  18 

levy  to  meet  interest 9758  19 

no     commission     allowed     for 

sale    9755  19 

redeemed,  how  destroyed  ....  9756  19 

sinking  fund  to  pay 9757  19 

money   may    be    used    to   pur- 
chase site 9752a  17 

restrictions — time  and  amount  9753  17 

BOUNDARY  LINE,  appeal  cases  9742  6 

change,  dist.  in  two  counties.  9747  10 
change ;    when,    where    voted 

upon     9750  12 

clerk     to     furnish     copy      of 

changes   9794  48 

CENTRAL  HIGH  SCHOOL,  how 

formed     9773  31 

in  consolidated  district.  New  section  33 
CERTIFICATES,       examination 

for    9958  84 

grantiu  •  illegally,  penalty  .  .  .  9967  89 

reissued   records    9959  85 

issued  by  State  Superintendent  9856  69 

normal  diplomas,  in  lieu  of. .  .  9965  86 

qualifications  necessary 9958  84 

revoked,  how   9962  87 

three      grades      by      institute 

board   9958  84 

COLORED     SCHOOLS,     discon- 
tinued,  when    9775  34 

how  establish,  when 9775  34 

joint  school  for  two  districts.  9775  35 

right  to  attend  other  school..  9776  35 

school   building,   how   obtained  9775  34 

school  controlled  by  board.  .  .  9775  34 

separate  schools  provided....  9774  34 
CONDEMNATION,        site        for 

building     9772  31 

CONTAGIOUS    DISEASE    9765  26 

CONTRACT,     TEACHER'S     an- 
nulled,   how    9767  28 

board  cannot  dismiss  teacher.  9767  28 
how    marte,     ordered,     signed, 

attested     9766  26 

how    construed     9767  28 

rules  and  regulations,  part  of  9767  28 
teacher  must  hold  certificate.  9766  26 
void  when  house  is  destroyed  9767  28 
COUNTY      CLERK,      apportion- 
ment of  funds    9840  63 

certify  blind  children 9770  29 

as   to   deaf  and  dumb   chil- 
dren     9770  29 

certificate     of     election      (Co. 

Com'r)     9803  50 

compensation  for  making  tax- 
book    9844  65 

to    report    to    State    Superin- 
tendent      9846  66 

COUNTY    BOARD    OF    EDUCA- 
TION established   9957  83 

examine    teachers    and    grant 

certificates    9958  84 


COUNTY  BOARD  OF  EQUALI- 
ZATION— Continued —  Sec.  Page. 

reissue   certificates,    Keep   rec- 
ords      9959  85 

pay   of  members 9961  86 

accept  summer  school  grades.    9969  88 

penalty      for      complimentary 

grades 9967  89 

udopt  course  of  study 9957  83 

make    rules    9957  84 

COUNTY     COLLECTOR   to   col- 
lect taxes   9847  66 

to  return  delinquent  lists...'.   9848  67 
COUNTY    COMMISSIONER    re- 
voke certificate    9962  87 

compensation,  report  to  State 

Superintendent    9809  51 

grant   special    certificate 9958  84 

duty   in  matters   of  boundary 

line 9747  10 

duty,  boundary  line,  new  dis- 

trcts   9742  6 

election  of,  how  and  when.  .  . .   9750  12 

receives  fees 9961  86 

expense   of,   for   postage,   how 

paid    9785  43 

organize  county  association    .    9960  86 

pay  county  board,  employ  lec- 
turer        9961  86 

become  county  superintendent, 

when    9810  52 

president  county  board 9957  83 

office  of,  created,  election  of. .   9803  50 

qualifications   of 9803  50 

results  of  election,  how  certi- 
fied        9804  51 

returns   of  election,   how  cast 

up    9803  50 

to  appoint  directors 9762  22 

to    report    to    State    Superin- 
tendent       9808  51 

to  supply  blanks  and  laws...   9785  43 

same    9808  51 

vacancy  in,  filled  by  governor.   9803  50 

vote  for  district  in  two  coun- 
ties        9803  50 

COUNTY  COURT,   custodian   of 

fund     9829  59 

has  jurisdiction   over  funds..   9826  59 

loan  of  county  school  fund.  .  .   9823  58 

may  require  funds  invested.  .   9792  47 

not  to  loan  funds,  when 9825  58 

to     appoint     member     county 

board   9957  83 

to  loan  district  school  funds. .    9838-39  63 

to  loan  township  school  funds  9831  60 

same    9837  62 

to  transfer  school  fund,  when  9830  60 

election  to  adopt  supervision.    9810  52 

election  to  abolish  supervision  9810a  52 
COUNTY  SUPERVISION,  adop- 
tion  of    9810  52 

how  abolished    9810a  52 

COUNTY     SUPERINTENDENT, 

compensation    9813  54 

duties,  election,  oath,  bond  9811-12  52-53 

to  discharge  duties  of  county 

board    9963  87 

COUNTY     TEACHERS'     ASSO- 
CIATION organized    9960  86 

when,  how  long 9960  86 

duty   of  teachers  to  attend..   9802  49 


11 


INDEX. 


Sec.  Page 

COUNTY    TREASURER,    settle- 
ment        9850 


compensation 
duties  as  to  school  funds. . 
duties  as  to  school  moneys, 
failing  to  make  settlement, 
report  of,  to  county  court. 


9849 
9789 
9849 
9851 
9793 


shall  not  honor  warrant,  when  9790 
shall  collect  school  moneys.        9827 
DAY,  week,  month  and  year. .        9781 
three  days  school  week,  when  9960 
DIRECTORS,   duty   as   to   terri- 
tory        9740 

duty  to  visit  schools 9768 

duty  as  to  estimate 9771 

duty  to  colored  children 9775 

same    9776 

election   of    9739 

employment  of  teacher,  by...  9766 
guilty  or  misdemeanor,  when  9797 
Has  no  power  to  dismiss 

teachers     9767 

has  care  and  keeping  of  prop- 
erty    9763 

may  remove  district  clerk. . .  9769 
may  refuse  to  pay  teacher.  .  .  9767 
may  exclude  pupil,  when  ....  9765 
may  admit  non-resident  pupils  9764 
may  issue  bonds,  proceedings  9754 
may  borrow  money,  issue 

bonds 9752 

may  condemn  land  for  site.  .  .  9772 
may  not  employ  member  to 

teach   9766 

not   entitled    to    compensation  9761 

oath  of,  when   taken 9760 

one  chosen  by  ballot  annually  9750 
organized,  when  and  how.  .  . .  9761 

power  to  transfer  fund 9789 

president,       signature       with 

treasurer     9788 

pupils  suspended  or  expelled.  9764 
qualifications  of  members  .  .  .  9759 

shall  forward  estimates 9751 

purchase  site   9752a 

shall  set  aside  funds  to  pur- 
chase library  books.. New  section 
special  meetings,  how  called.  9766 
to  continue  school  six  m.onths  9751 
title  to  property  vested  in...  9852 
provide  for  colored  children.  .  9775 

vacancy,  how  filled 9762 

DISTRICT,     appeal     to     county 

commissioner    9742 

body  corporate,  name  of  ....  9739 
body  corporate,  how  lapsed.  .  9741 
certain  districts  exempt,  when  9742 

same    9743 

changing  boundary  lines  of.  .    9742 

division  of  property 9746 

same    9747 

formed  from  unorganized  ter- 
ritory        9740 

may  sue  and  be  sued,  how  . . .  9739 
may  hold  and  sell  property.  .  9739 

organization    of    notice 9740 

power   to   consolidate.  .New   section 
DISTRICT       CLERK,       director 

may  act    9761 

duty  of,  as  to  notice 9742 

notices    of   school    meeting.  .  .    97S7 

duty  of,  general    9784 

duty  of,  treasurer's  statement  9795 
enter  decision  of  arbitration 

board   9742 

how  chosen,  compensation  .  .  .  97G1 
must  certify  result  or  election  9804 

removal  of    9769 

return  teacher's  certificate.  9766 
record  of  redeemed  bonds..  9756 
shall  record  reports,  plat.  .  9794 
shall  certify  rate  of  levy..  9777 

teacher  cannot  act  as 9766 

to   keep    record   special    meet- 
ings       9781 

to  furnish  teacher  record.  .  . .    9786 
to  draw  warrant  for  indebted- 
ness   .  9788 


67 
67 
45 
67 
68 
47 
46 
59 
40 
86 

5 
29 
30 
34 
35 

4 

26 
48 

28 

22 
29 

28 
26 
25 

IS 

15 
31 

26 

21 
20 
12 
21 
45 

44 
25 
20 
15 
17 

24 
26 
15 
68 
34 
22 


10 
10 

5 
4 
4 

33 

21 
6 

43 
41 

48 

6 

21 

51 
29 
26 
19 
48 
36 
26 

40 
43 

44 


DISTRICT          CLERK— Contin- 
ued—  Sec.  Page. 
to    sign    and    keep    record    of 

bonds   9754  18 

to  record  oath  of  directors.  .  .    9760  20 

ELECTION — commissioner    9803  50 

same    9804  51 

to  adopt  supervision    9810  52 

to  abolish  supervision 9810a     52 

ENUMERATION     LISTS,     how 

and  when  made,  contents.  .    9770  29 

EXAMINATION,  for  certificates  9958  84 

FUND,   apportionment  of 9840  63 

county  court  custodian    9829  59 

jurisdiction  over  county  funds  9826  59 

county  school  fund  collected.    9827  59 

different  funds,  how  kept....    9789  45 

estimates  to  sustain  school .  .    9771  30 
how   distributed,   township   in 

two   counties    9843  65 

loan  of  district  school  funds.  .   9838  63 

same    9839  63 

township  school  funds 9831  60 

same    9837  62 

county  school  funds   9824  58 

prohibited  to  whom   9825  58 

school  moneys,  how  applied.  .    9790  46 
transfer,  one  fund  to  another  9789  45 
when    county  lines  are  changed  9830  60 
township    fund,     how     consti- 
tuted     9828  59 

for  library    New   section  24 

INDEBTEDNESS   of  district...    9789  45 
INSTITUTES  for  colored  teach- 
ers        9965  88 

LOAN,  of  district  school  fund.  .    9838-39  63 

of   township    school    fund.  .  .  .    9831  60 

same    9837  62 

of  county  school  fund 9823  58 

same    9825  58 

to  erect  school  house 9752  15 

same 9753  17 

to  purchase  site    9752a  17 

MEETING,  annual,  when,  where, 

powers   9749  11 

calling  of,  to  form  district.  .  .   9739  4 

of  board  to  employ  teachers.  .    9766  26 

special   meeting   of   board.  .  .  .    9766  26 

special    school    meeting 9780  38 

when  district  in  two  counties.    9747  10 
MISDEMEANOR,  false  enumera- 
tion        9770  29 

permitting    use    of    books    not 

adopted    9980  93 

injuring  school  property 9783  41 

neglect  of  duty  by  officers 9783  41 

parents  guilty,  when    9765  26 

teachers  and  directors  guilty.    9797  48 
to  violate  law  as  to  loans  of 

funds   9S35  62 

as  to  collection  of  funds.  .  .    9827  59 
NOTICE,      annual      or      special 

meeting    ., 9787  43 

giving  of,  by  commissioner.  .  .    9742  6 
how   given,   fos   special   meet- 
ing  ) 9778  37 

of  election  to/ncrease  tax.*.   97Z9  --,   88 
of  first  meeting  in  new  district  9748 

required  in  section  of  site.  .  .   9750  12 

to  change  boundary  line 9742  6 

to    divide    district,    form    new 

district    « .  ^ 9742  6 

to  attach  to  other  district...   9747  10 

ORGANIZATION,  how  forfeited  9741  5 

of  school   district,   etc 9740 

same    9742  6 

PHYSIOLOGY  AND  HYGIENE, 

instructions     9799  48 

PROPERTY,  division,  district  in 

two   counties    : 9747  10 

how      divided,     new      district 

formed     9744 

same    9746  10 

injurv  of,  a  misdemeanor....    9783  41 
PUBLIC     SCHOOL    FUND,    ac- 
count kept    9820  57 

duties  of  state  treasurer 9823 

entitled  to  what  moneys   9819  56 

how  apportioned,  by  State  Su- 
perintendent     9840  63 


INDEX. 


Ill 


PUBLIC  SCHOOL  FUND— Con- 

tinned—  Sec.  Page, 

investment,   moneys  belonging 

to  9822        o  i 

loss  of,  right  to,  by  district.  .   9840       6:5 

PUPIL,  apprentices  may  attend  9764       25 

examination  of,  by  physician.   9765       26 

non-residents,    how    admitted.   9764       25 

orphans  may  attend 9764       25 

suspended  or  expelled 97h4       2u 

unlawful     to     attend     school, 

when    9765 

who  may  enter  high  school..   977o 
QUALIFICATIONS     of     county 

commissioner    9 

of    director     9759 

of  State  Superintendent  ....  9855 
of  voter  at  school  meetings..  9759 
REPORT,  county  clerk  to  make  9846 
county  commissioner  to  make  9808 
county  treasurer  to  make.  .  . .  9793 
State  Superintendent  to  make  9858 
state  board  of  education  to 

make    9818 

teacher   to  make  monthly,  term  9801 
SCHOOL  BOOK  LAW,  books  to 

be  used   9979 

not     applicable     To     certain 

cities    9980 

penalty  on  directors,  when.  .  .   9980 
to  distribute  law,  instructions  9981 
SCHOOL    HOUSE,    for    colored 

children     9775 

directors    may   borrow    money 

to    erect    .  ., 9752 

have  care  and^ keeping  of..   9763 

increase  of  tax,  election 9778 

may    be   used    for   other    pur- 

poses    97bd 

site,  how  changed,  rate  to  pur- 
chase       97oO 

SINKING   FUND,   how   created.    9753 

loaning  of,  by  board 9791 

tax  levy,  to  create   9757 

used    to    redeem    6    per    cent 

warrants    9792 

when  fund  may  be  invested.  .   9757 
STATE  AUDITOR,  duties  as  to 

funds 9821 

to  pay  apportionment 5§™ 

to  keep  account  of  fund 9820 

STATE     BOARD     OF     EDUCA- 
TION,  duties   of    981o 

pie-nber  county  board  9957 

may  employ  attorney 9 

members   of    9814 

report   of,   to  General   Assem- 


bly 


9818 


to  prepare  course  of  study.  .  .    9961 
to     ascertain     disposition     of 

funds    9816 

STATE         SUPERINTENDENT, 

annual   report    ?§£§ 

bond  and  qualifications  of....  9855 

duties  and  powers  of £§r/i 

election   and  term  of 9854 

examination  of  teachers  by..    9856 

may  employ  chief  clerk 9857 

not  permitted  to  act  as  agent.    9859 
president  board  of  education.    9 

to  furnish  blanks,  etc 9840 

inspect  high  schools. .  .New  section 
to  prescribe  J[orms  ror  blanks .    v»85^ 

school  visitation    9858 

vacancy  in  office,  how  filled.  .   98o4 
STATE  TREASURER,  duty  of.    9820 

same    not  A 

TAXES,   assessment  of    9844 

delinquent,    how   returned....    9848 

for  district  collected    9847 

how  levied  and  collected 9744 

same    •  •  •  •   yT4b 

increase    of,    to    erect     school 

house        9778 

to  maintain  school,  election  9777 
levy  of,  to  meet  annual  inter- 

ps£      97o8 

rate  of  "increase  of  levy,  etc..    0777 

restrictions     on     loan... »7Og 

sinking   fund   provided   for...    9T66 
to    redeem    outstanding    bonds  9<i>7 


Sec.  Page. 


56 

86 

55 

70 
69 
69 
68 
69 
70 
71 
55 
63 
83 
68 
70 
68 
57 
57 
65 
67 
66 
9 
9 

37 
36 

19 
36 
17 
17 
19 


TEACHERS,  who  cannot  be  em- 
ployed  

cannot  serve  as  district  clerks 

certificate    required    of 

certificate  may  be  revoked.  . 

contract    employing — contents 

contract  with,  construed  .... 

duty  of,  to  attend  association 

examination  of.  for  certificate 
by  State  Superintendent.  . 

failing  to  comply  with  con- 
tract   

fee  paid,  for  institute  fund.  . 

instruct  in  physiology  and  hy- 
giene   r 

may  exclude   pupils,   when... 
monthly    and    term    report.  . . 
must  keep  register  of  attend- 
ance   

of   central    high   school 

to    keep    record    of    director's 

visits    

TERM,    length   of,   required.'  .' 
over     six     months,    how     de- 
termined     

UNORGANIZED      TERRITORY 

forfeiting  organization 

how     attached     to     adjoining 

district    

VACANCY,  in  office  of  commis- 
sioner     

school   director,   how  filled..' 
VOTER,    who    is,    under    school 

law    

WARRANTS,   forms   of 

for  district  indebtedness...    . 
redemptioo    of  6   per   cent.  .  . 


SCHOOLS   IN  CITIES,  TOWNS 

AND    VILLAGES— 
annexation    of    adjacent    ter- 
ritory        9875 

by  extending  corporate  limits  9876 
annual  meetings,    regulations, 

etc 9874 

questions    submitted    by    bal- 
lot        9874 

board    of   directors,    duties...   9866 
election   and   term   of   office  9863 
government  of  district  vest- 
ed   in    9862 

majority     of    constitutes    a 

quorum    9864 

may  accept  gifts  for  library  9879 

may   sell   real   estate 9878 

may  purchase  site  for  school 

house 9878 

may  establish  graded  school  9865 

how  disorganized 9865-a 

members  of,  not  to  be  em- 
ployed     9877 


must    organize,    officers.  . 
shall   keep   common  seal, 
in,    how   filled.  . 


9864 
9867 
9862 
9860 
9875 
9860 
9861 


vacancy 

bonds,  may  issue  renewals 
boundary  line,  change  of. 
districts  organized,  how.  .  . 

same    

collector    to    pay    moneys    to 

treasurer     9873 

county   clerk,   duties  of,   com- 
pensation       9872 

elections    in    cities    exceeding 

2,000    9874 

library,    how    established 9866 

notice  to  organize  district .  . .    9861 

to  vote  increase   of  tax 9867 

to  change  boundary  line 9875 

secretary  of  board,  compensa- 
tion     9877 

tax,  vote  to  increase 9867 

term,  length  of 9867 

TREASURER,    bond,    compensa- 
tion        9868 

same    9870 

district  moneys  to  be  paid  to.    9870 
liability  of,  for  sinking  rund.    9869 

settlement  of,  etc .    9871 

vacancy  in  board  of  directors.   9862 


78 
79 

78 

78 
75 
74 

74 

74 
82 
82 

82 
75 
75 

81 
74 
70 
74 
71 
78 
71 
72 

78 

77 

78 
75 
72 
76 
78 

81 
76 
76 

76 
77 
77 
76 

77 
74 


YC  06572 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


